Reports for H.R.2555

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108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-280
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MAKING APPROPRIATIONS FOR THE DEPARTMENT OF HOMELAND SECURITY FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 2004, AND FOR OTHER PURPOSES
_______
September 23, 2003.--Ordered to be printed
_______
Mr. Rogers of Kentucky, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany H.R. 2555]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
2555) ``making appropriations for the Department of Homeland
Security for the fiscal year ending September 30, 2004, and for
other purposes'', having met, after full and free conference,
have agreed to recommend and do recommend to their respective
Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Department of
Homeland Security for the fiscal year ending September 30,
2004, and for other purposes, namely:
TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
For necessary expenses of the Office of the Secretary of
Homeland Security, as authorized by section 102 of the Homeland
Security Act of 2002 (6 U.S.C. 112), and executive management
of the Department of Homeland Security, as authorized by law,
$80,794,000: Provided, That not to exceed $40,000 shall be for
allocation within the Department for official reception and
representation expenses as the Secretary may determine.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary
for Management and Administration, as authorized by sections
701-705 of the Homeland Security Act of 2002 (6 U.S.C. 341-
345), $130,983,000: Provided, That of the total amount
provided, $20,000,000 shall remain available until expended
solely for the alteration and improvement of facilities and for
relocation costs necessary for the interim housing of the
Department's headquarters' operations and organizations
collocated therewith.
Department-Wide Technology Investments
For development and acquisition of information technology
equipment, software, services, and related activities for the
Department of Homeland Security, and for the costs of
conversion to narrowband communications, including the cost for
operation of the land mobile radio legacy systems,
$185,000,000, to remain available until expended: Provided,
That none of the funds appropriated shall be used to support or
supplement the appropriations provided for the United States
Visitor and Immigrant Status Indicator Technology project or
the Automated Commercial Environment.
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978 (5 U.S.C. App.), $58,664,000, of which not to exceed
$100,000 may be used for certain confidential operational
expenses, including the payment of informants, to be expended
at the direction of the Inspector General.
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
Office of the Under Secretary for Border and Transportation Security
SALARIES AND EXPENSES
For necessary expenses of the Office of the Under Secretary
for Border and Transportation Security, as authorized by
subtitle A, title IV, of the Homeland Security Act of 2002 (6
U.S.C. 201 et seq.), $8,106,000.
UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR TECHNOLOGY
For necessary expenses for the development of the United
States Visitor and Immigrant Status Indicator Technology
project, as authorized by section 110 of the Illegal
Immigration Reform and Immigration Responsibility Act of 1996
(8 U.S.C. 1221 note), $330,000,000, to remain available until
expended: Provided, That none of the funds appropriated under
this heading may be obligated for the United States Visitor and
Immigrant Status Indicator Technology project until the
Committees on Appropriations of the Senate and the House of
Representatives receive and approve a plan for expenditure
prepared by the Secretary of Homeland Security that: (1) meets
the capital planning and investment control review requirements
established by the Office of Management and Budget, including
Circular A-11, part 3; (2) complies with the Department of
Homeland Security enterprise information systems architecture;
(3) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of the
Federal Government; (4) is reviewed and approved by the
Department of Homeland Security and the Office of Management
and Budget; and (5) is reviewed by the General Accounting
Office.
Customs and Border Protection
SALARIES AND EXPENSES
For necessary expenses for enforcement of laws relating to
border security, immigration, customs, and agricultural
inspections and regulatory activities related to plant and
animal imports; acquisition, lease, maintenance and operation
of aircraft; purchase and lease of up to 4,500 (3,935 for
replacement only) police-type vehicles; and contracting with
individuals for personal services abroad; $4,396,350,000; of
which $3,000,000 shall be derived from the Harbor Maintenance
Trust Fund for administrative expenses related to the
collection of the Harbor Maintenance Fee pursuant to Public Law
103-182 and notwithstanding section 1511(e)(1) of Public Law
107-296; of which not to exceed $40,000 shall be for official
reception and representation expenses; of which not to exceed
$100,800,000 shall remain available until September 30, 2005,
for inspection technology; of which such sums as become
available in the Customs User Fee Account, except sums subject
to section 13031(f)(3) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be
derived from that account; of which not to exceed $150,000
shall be available for payment for rental space in connection
with preclearance operations; of which not to exceed $1,000,000
shall be for awards of compensation to informants, to be
accounted for solely under the certificate of the Under
Secretary for Border and Transportation Security; and of which
not to exceed $5,000,000 shall be available for payments or
advances arising out of contractual or reimbursable agreements
with State and local law enforcement agencies while engaged in
cooperative activities related to immigration: Provided, That
none of the funds appropriated shall be available to compensate
any employee for overtime in an annual amount in excess of
$30,000, except that the Under Secretary for Border and
Transportation Security may exceed that amount as necessary for
national security purposes and in cases of immigration
emergencies: Provided further, That of the total amount
provided, $12,725,000 shall be for activities to enforce laws
against forced child labor in fiscal year 2004, of which not to
exceed $4,000,000 shall remain available until expended:
Provided further, That no funds shall be available for the site
acquisition, design, or construction of any Border Patrol
checkpoint in the Tucson sector: Provided further, That the
Border Patrol shall relocate its checkpoints in the Tucson
sector at least once every 7 days in a manner designed to
prevent persons subject to inspection from predicting the
location of any such checkpoint.
AUTOMATION MODERNIZATION
For expenses for customs and border protection automated
systems, $441,122,000, to remain available until expended, of
which not less than $318,690,000 shall be for the development
of the Automated Commercial Environment: Provided, That none of
the funds appropriated under this heading may be obligated for
the Automated Commercial Environment until the Committees on
Appropriations of the Senate and the House of Representatives
receive and approve a plan for expenditure prepared by the
Under Secretary for Border and Transportation Security that:
(1) meets the capital planning and investment control review
requirements established by the Office of Management and
Budget, including Circular A-11, part 3; (2) complies with the
Bureau of Customs and Border Protection's enterprise
information systems architecture; (3) complies with the
acquisition rules, requirements, guidelines, and systems
acquisition management practices of the Federal Government; (4)
is reviewed and approved by the Bureau of Customs and Border
Protection Investment Review Board, the Department of Homeland
Security, and the Office of Management and Budget; and (5) is
reviewed by the General Accounting Office.
CONSTRUCTION
For necessary expenses to plan, construct, renovate, equip,
and maintain buildings and facilities necessary for the
administration and enforcement of laws relating to customs and
immigration, $90,363,000, to remain available until expended.
Immigration and Customs Enforcement
SALARIES AND EXPENSES
(INCLUDING RESCISSION OF FUNDS)
For necessary expenses for enforcement of immigration and
customs laws, detention and removals, and investigations; and
purchase and lease of up to 1,600 (1,450 for replacement only)
police-type vehicles; $2,151,050,000, of which not to exceed
$5,000,000 shall be available until expended for conducting
special operations pursuant to section 3131 of the Customs
Enforcement Act of 1986 (19 U.S.C. 2081); of which not to
exceed $15,000 shall be for official reception and
representation expenses; of which not to exceed $1,000,000
shall be for awards of compensation to informants, to be
accounted for solely under the certificate of the Under
Secretary for Border and Transportation Security; of which not
less than $100,000 shall be for promotion of public awareness
of the child pornography tipline; of which not less than
$200,000 shall be for Project Alert; and of which not to exceed
$5,000,000 shall be available to fund or reimburse other
Federal agencies for the costs associated with the care,
maintenance, and repatriation of smuggled illegal aliens:
Provided, That none of the funds appropriated shall be
available to compensate anyemployee for overtime in an annual
amount in excess of $30,000, except that the Under Secretary for Border
and Transportation Security may waive that amount as necessary for
national security purposes and in cases of immigration emergencies:
Provided further, That of the total amount provided, $3,000,000 shall
be for activities to enforce laws against forced child labor in fiscal
year 2004, of which not to exceed $1,000,000 shall remain available
until expended.
In addition, of the funds appropriated under this heading
in chapter 6 of title I of Public Law 108-11 (117 Stat. 583),
$54,000,000 are rescinded.
FEDERAL AIR MARSHALS
For necessary expenses of the Federal air marshals,
$626,400,000, to remain available until expended.
FEDERAL PROTECTIVE SERVICE
(TRANSFER OF FUNDS)
For necessary expenses for the operations of the Federal
Protective Service, $424,211,000 shall be transferred from the
revenues and collections in the General Services
Administration, Federal Buildings Fund.
AUTOMATION MODERNIZATION
For expenses of immigration and customs enforcement
automated systems, $40,000,000, to remain available until
expended: Provided, That none of the funds appropriated under
this heading may be obligated for Atlas until the Committees on
Appropriations of the Senate and the House of Representatives
receive and approve a plan for expenditure prepared by the
Under Secretary for Border and Transportation Security that:
(1) meets the capital planning and investment control review
requirements established by the Office of Management and
Budget, including Circular A-11, part 3; (2) complies with the
Bureau of Immigration and Customs enforcement enterprise
information systems architecture; (3) complies with the
acquisition rules, requirements, guidelines, and systems
acquisition management practices of the Federal Government; (4)
is reviewed and approved by the Bureau of Immigration and
Customs Enforcement Investment Review Board, the Department of
Homeland Security, and the Office of Management and Budget; and
(5) is reviewed by the General Accounting Office.
AIR AND MARINE INTERDICTION, OPERATIONS,
MAINTENANCE, AND PROCUREMENT
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, and other related
equipment of the air and marine program, including operational
training and mission-related travel, and rental payments for
facilities occupied by the air or marine interdiction and
demand reduction programs, the operations of which include the
following: the interdiction of narcotics and other goods; the
provision of support to Federal, State, and local agencies in
the enforcement or administration of laws enforced by the
Bureau of Immigration and Customs Enforcement; and at the
discretion of the Under Secretary for Border and Transportation
Security, the provision of assistance to Federal, State, and
local agencies in other law enforcement and emergency
humanitarian efforts, $210,200,000, to remain available until
expended: Provided, That no aircraft or other related
equipment, with the exception of aircraft that are one of a
kind and have been identified as excess to Bureau of
Immigration and Customs Enforcement requirements and aircraft
that have been damaged beyond repair, shall be transferred to
any other Federal agency, department, or office outside of the
Department of Homeland Security during fiscal year 2004 without
the prior approval of the Committees on Appropriations of the
Senate and the House of Representatives.
CONSTRUCTION
For necessary expenses to plan, construct, renovate, equip,
and maintain buildings and facilities necessary for the
administration and enforcement of the laws relating to customs
and immigration, $26,775,000, to remain available until
expended.
Transportation Security Administration
AVIATION SECURITY
For necessary expenses of the Transportation Security
Administration related to providing civil aviation security
services pursuant to the Aviation and Transportation Security
Act (Public Law 107-71; 115 Stat. 597), $3,732,700,000, to
remain available until expended, of which not to exceed $3,000
shall be for official reception and representation expenses:
Provided, That of the total amount provided under this heading,
not to exceed $1,805,700,000 shall be for passenger screening
activities; not to exceed $1,318,700,000 shall be for baggage
screening activities; and not to exceed $703,300,000 shall be
for airport security direction and enforcement presence:
Provided further, That security service fees authorized under
section 44940 of title 49, United States Code, shall be
credited to this appropriation as offsetting collections:
Provided further, That none of the funds appropriated or
otherwise made available by this or any other Act may be
obligated or expended to carry out provisions of section
44923(h) of title 49 United States Code: Provided further, That
the sum herein appropriated from the General Fund shall be
reduced on a dollar-for-dollar basis as such offsetting
collections are received during fiscal year 2004, so as to
result in a final fiscal year appropriation from the General
Fund estimated at not more than $1,662,700,000: Provided
further, That any security service fees collected pursuant to
section 118 of Public Law 107-71 in excess of the amount
appropriated under this heading shall be treated as offsetting
collections in fiscal year 2005: Provided further, That none of
the funds in this Act shall be used to recruit or hire
personnel into the Transportation Security Administration which
would cause the agency to exceed a staffing level of 45,000
full-time equivalent screeners: Provided further, That of the
total amount provided under this heading, $250,000,000 shall be
available only for physical modification of commercial service
airports for the purpose of installing checked baggage
explosive detection systems and $150,000,000 shall be available
only for procurement of checked baggage explosive detection
systems.
MARITIME AND LAND SECURITY
For necessary expenses of the Transportation Security
Administration related to maritime and land transportation
security grants and services pursuant to the Aviation and
Transportation Security Act (49 U.S.C. 40101 note),
$263,000,000, to remain available until September 30, 2005:
Provided, That of the total amount provided under this heading,
$125,000,000 shall be available for port security grants, which
shall be distributed under the same terms and conditions as
provided for under Public Law 107-117; and $17,000,000 shall be
available to execute grants, contracts, and interagency
agreements for the purpose of deploying Operation Safe
Commerce.
INTELLIGENCE
For necessary expenses for intelligence activities pursuant
to the Aviation and Transportation Security Act (115 Stat.
597), $13,600,000.
RESEARCH AND DEVELOPMENT
For necessary expenses for research and development related
to transportation security, $155,200,000, to remain available
until expended: Provided, That of the total amount provided
under this heading, $45,000,000 shall be available for the
research and development of explosive detection devices.
ADMINISTRATION
For necessary administrative expenses of the Transportation
Security Administration to carry out the Aviation and
Transportation Security Act (115 Stat. 597), $427,200,000, to
remain available until September 30, 2005.
United States Coast Guard
OPERATING EXPENSES
(INCLUDING RESCISSION OF FUNDS)
For necessary expenses for the operation and maintenance of
the Coast Guard not otherwise provided for; purchase or lease
of not to exceed twenty-five passenger motor vehicles for
replacement only; payments pursuant to section 156 of Public
Law 97-377 (42 U.S.C. 402 note); section 229(b) of the Social
Security Act (42 U.S.C. 429(b)); and recreation and welfare;
$4,713,055,000, of which $340,000,000 shall be for defense-
related activities; of which $25,000,000 shall be derived from
the Oil Spill Liability Trust Fund; and of which not to exceed
$3,000 shall be for official reception and representation
expenses: Provided, That none of the funds appropriated by this
or any other Act shall be available for administrative expenses
in connection with shipping commissioners in the United States:
Provided further, That none of the funds provided by this Act
shall be available for expenses incurred for yacht
documentation under section 12109 of title 46, United States
Code, except to the extent fees are collected from yacht owners
and credited to this appropriation: Provided further, That
notwithstanding section 1116(c) of title 10, United States
Code, amounts made available under this heading may be used to
make payments into the Department of Defense Medicare-Eligible
Retiree Health Care Fund for fiscal year 2004 under section
1116(a) of such title.
In addition, of the funds appropriated under this heading
in chapter 6 of title I of Public Law 108-11 (117 Stat. 583),
$71,000,000 are rescinded.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
For necessary expenses to carry out the Coast Guard's
environmental compliance and restoration functions under
chapter 19 of title 14, United States Code, $17,000,000, to
remain available until expended.
RESERVE TRAINING
For necessary expenses of the Coast Guard Reserve, as
authorized by law; maintenance and operation of facilities; and
supplies, equipment, and services; $95,000,000.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of acquisition, construction,
renovation, and improvement of aids to navigation, shore
facilities, vessels, and aircraft, including equipment related
thereto; and maintenance, rehabilitation, lease and operation
of facilities and equipment, as authorized by law;
$967,200,000, of which $23,500,000 shall be derived from the
Oil Spill Liability Trust Fund; of which $66,500,000 shall be
available until September 30, 2008, to acquire, repair,
renovate, or improve vessels, small boats, and related
equipment; of which $162,500,000 shall be available until
September 30, 2006, for other equipment, including $3,500,000
for defense message system implementation and $1,000,000 for
oil spill prevention efforts under the Ports and Waterways
Safety Systems program; of which $70,000,000 shall be available
for personnel compensation and benefits and related costs; of
which $668,200,000 shall be available until September 30, 2008,
for the Integrated Deepwater Systems program: Provided, That
the Commandant of the Coast Guard is authorized to dispose of
surplus real property, by sale or lease, and the proceeds shall
be credited to this appropriation as offsetting collections and
shall be available until September 30, 2006, only for Rescue
21: Provided further, That upon initial submission to the
Congress of the fiscal year 2005 President's budget, the
Secretary of Homeland Security shall transmit to the Congress a
comprehensive capital investment plan for the United States
Coast Guard that includes funding for each budget line item for
fiscal years 2005 through 2009, with total funding for each
year of the plan constrained to the funding targets for those
years as estimated and approved by the Office of Management and
Budget.
ALTERATION OF BRIDGES
For necessary expenses for alteration or removal of
obstructive bridges, $19,250,000, to remain available until
expended: Provided, That in fiscal year 2004 and thereafter,
funds for bridge alteration projects conducted pursuant to the
Act of June 21, 1940 (33 U.S.C. 511 et seq.) shall be available
for such projects only to the extent that the steel, iron, and
manufactured products used in such projects are produced in the
United States, unless contrary to law or international
agreement, or unless the Commandant of the Coast Guard
determines such action to be inconsistent with the public
interest or the cost unreasonable.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
For necessary expenses for applied scientific research,
development, test, and evaluation, and for maintenance,
rehabilitation, lease and operation of facilities and
equipment, as authorized by law; $15,000,000, to remain
available until expended, of which $3,500,000 shall be derived
from the Oil Spill Liability Trust Fund: Provided, That there
may be credited to and used for the purposes of this
appropriation funds received from State and local governments,
other public authorities, private sources, and foreign
countries, for expenses incurred for research, development,
testing, and evaluation.
RETIRED PAY
For retired pay, including the payment of obligations
otherwise chargeable to lapsed appropriations for this purpose,
payments under the Retired Serviceman's Family Protection and
Survivor Benefits Plans, payment for career status bonuses
under the National Defense Authorization Act, and payments for
medical care of retired personnel and their dependents under
chapter 55 of title 10, United States Code, $1,020,000,000.
United States Secret Service
SALARIES AND EXPENSES
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 730 vehicles for police-
type use, of which 610 shall be for replacement only, and hire
of passenger motor vehicles; purchase of American-made sidecar
compatible motorcycles; hire of aircraft; services of expert
witnesses at such rates as may be determined by the Director;
rental of buildings in the District of Columbia, and fencing,
lighting, guard booths, and other facilities on private or
other property not in Government ownership or control, as may
be necessary to perform protective functions; payment of per
diem or subsistence allowances to employees where a protective
assignment during the actual day or days of the visit of a
protectee require an employee to work 16 hours per day or to
remain overnight at his or her post of duty; conduct of and
participation in firearms matches; presentation of awards;
travel of Secret Service employees on protective missions
without regard to the limitations on such expenditures in this
or any other Act if approval is obtained in advance from the
Committees on Appropriations of the Senate and the House of
Representatives; research and development; grants to conduct
behavioral research in support of protective research and
operations; and payment in advance for commercial
accommodations as may be necessary to perform protective
functions; $1,137,280,000, of which not to exceed $25,000 shall
be for official reception and representation expenses; of which
not to exceed $100,000 shall be to provide technical assistance
and equipment to foreign law enforcement organizations in
counterfeit investigations; of which $2,100,000 shall be for
forensic and related support of investigations of missing and
exploited children; and of which $5,000,000 shall be a grant
for activities related to the investigations of exploited
children and shall remain available until expended: Provided,
That up to $18,000,000 provided for protective travel shall
remain available until September 30, 2005: Provided further,
That in fiscal year 2004 and thereafter, subject to the
reimbursement of actual costs to this account, funds
appropriated in this account shall be available, at the
discretion of the Director, for the following: training United
States Postal Service law enforcement personnel and Postal
police officers, training Federal law enforcement officers,
training State and local government law enforcement officers on
a space-available basis, and training private sector security
officials on a space-available basis: Provided further, That
the United States Secret Service is authorized to obligate
funds in anticipation of reimbursements from agencies and
entities, as defined in section 105 of title 5, United States
Code, receiving training sponsored by the James J. Rowley
Training Center, except that total obligations at the end of
the fiscal year shall not exceed total budgetary resources
available under this heading at the end of the fiscal year:
Provided further, That in fiscal year 2004 and thereafter, the
James J. Rowley Training Center is authorized to provide short-
term medical services for students undergoing training at the
Center.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
For necessary expenses for acquisition, construction,
repair, alteration, and improvement of facilities, $3,579,000,
to remain available until expended.
TITLE III--PREPAREDNESS AND RECOVERY
Office for Domestic Preparedness
STATE AND LOCAL PROGRAMS
For grants, contracts, cooperative agreements, and other
activities, including grants to State and local governments for
terrorism prevention activities, notwithstanding any other
provision of law, $3,287,000,000, which shall be allocated as
follows:
(1) $1,700,000,000 for formula-based grants and
$500,000,000 for law enforcement terrorism prevention
grants pursuant to section 1014 of the USA PATRIOT Act
of 2001 (42 U.S.C. 3714): Provided, That no funds shall
be made available to any State priorto the submission
of an updated State plan to the Office for Domestic Preparedness:
Provided further, That the application for grants shall be made
available to States within 30 days after enactment of this Act; that
States shall submit applications within 30 days after the grant
announcement; and that the Office for Domestic Preparedness shall act
within 15 days after receipt of an application or receipt of an updated
State plan, whichever is later: Provided further, That each State shall
obligate not less than 80 percent of the total amount of the grant to
local governments within 60 days after the grant award; and
(2) $725,000,000 for discretionary grants for use
in high-threat, high-density urban areas, as determined
by the Secretary of Homeland Security: Provided, That
no less than 80 percent of any grant to a State shall
be made available by the State to local governments
within 60 days after the receipt of the funds: Provided
further, That section 1014(c)(3) of the USA PATRIOT Act
of 2001 (42 U.S.C. 3714(c)(3)) shall not apply to these
grants:
Provided, That none of the funds appropriated under this
heading shall be used for the construction or renovation of
facilities: Provided further, That funds appropriated for law
enforcement terrorism prevention grants under paragraph (1) and
discretionary grants under paragraph (2) of this heading shall
be available for operational costs, to include personnel
overtime and overtime associated with Office for Domestic
Preparedness certified training, as needed.
FIREFIGHTER ASSISTANCE GRANTS
For necessary expenses for programs authorized by section
33 of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229), $750,000,000, to remain available until September
30, 2005: Provided, That not to exceed 5 percent of this amount
shall be available for program administration.
Counterterrorism Fund
For necessary expenses, as determined by the Secretary of
Homeland Security, to reimburse any Federal agency for the
costs of providing support to counter, investigate, or
prosecute unexpected threats or acts of terrorism, including
payment of rewards in connection with these activities,
$10,000,000, to remain available until expended: Provided, That
the Secretary shall notify the Committees on Appropriations of
the Senate and the House of Representatives 15 days prior to
the obligation of any amount of these funds in accordance with
section 503 of this Act.
Emergency Preparedness and Response
OFFICE OF THE UNDER SECRETARY FOR EMERGENCY PREPAREDNESS AND RESPONSE
For necessary expenses for the Office of the Under
Secretary for Emergency Preparedness and Response, as
authorized by section 502 of the Homeland Security Act of 2002
(6 U.S.C. 312), $3,450,000.
PREPAREDNESS, MITIGATION, RESPONSE, AND RECOVERY
For necessary expenses for preparedness, mitigation,
response, and recovery activities of the Emergency Preparedness
and Response Directorate, $225,000,000, including activities
authorized by the National Flood Insurance Act of 1968 (42
U.S.C. 4011 et seq.), the Flood Disaster Protection Act of 1973
(42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et
seq.), the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2201 et seq.), the Defense Production Act of 1950 (50
U.S.C. App. 2061 et seq.), sections 107 and 303 of the National
Security Act of 1947 (50 U.S.C. 404, 405), Reorganization Plan
No. 3 of 1978 (5 U.S.C. App.), and the Homeland Security Act of
2002 (6 U.S.C. 101 et seq.): Provided, That of the total amount
appropriated, $60,000,000 shall be for Urban Search and Rescue
Teams, of which not to exceed 3 percent may be made available
for administrative costs.
ADMINISTRATIVE AND REGIONAL OPERATIONS
For necessary expenses for administrative and regional
operations of the Emergency Preparedness and Response
Directorate, $167,000,000, including activities authorized by
the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et
seq.), the Flood Disaster Protection Act of 1973 (42 U.S.C.
4001 et seq.), the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), the
Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et
seq.), the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2201 et seq.), the Defense Production Act of 1950 (50
U.S.C. App. 2061 et seq.), sections 107 and 303 of the National
Security Act of 1947 (50 U.S.C. 404, 405), Reorganization Plan
No. 3 of 1978 (5 U.S.C. App.), and the Homeland Security Act of
2002 (6 U.S.C. 101 et seq.): Provided, That not to exceed
$3,000 shall be for official reception and representation
expenses.
OPERATING EXPENSES
(RESCISSION OF FUNDS)
Of the funds appropriated under this heading by chapter 6
of title I of Public Law 108-11 (117 Stat. 583), $3,000,000 are
rescinded.
PUBLIC HEALTH PROGRAMS
For necessary expenses for countering potential biological,
disease, and chemical threats to civilian populations,
$484,000,000, including $400,000,000, to remain available until
expended, for the Strategic National Stockpile.
BIODEFENSE COUNTERMEASURES
For necessary expenses for securing medical countermeasures
against biological terror attacks, $5,593,000,000, to remain
available until September 30, 2013: Provided, That not to
exceed $3,418,000,000 may be obligated during fiscal years 2004
through 2008, of which not to exceed $890,000,000 may be
obligated during fiscal year 2004.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM
The aggregate charges assessed during fiscal year 2004, as
authorized by the Energy and Water Development Appropriations
Act, 2001 (Public Law 106-377; 114 Stat. 1441A-59 et seq.),
shall not be less than 100 percent of the amounts anticipated
by the Department of Homeland Security necessary for its
radiological emergency preparedness program for the next fiscal
year: Provided, That the methodology for assessment and
collection of fees shall be fair and equitable; and shall
reflect costs of providing such services, including
administrative costs of collecting such fees: Provided further,
That fees received under this heading shall be deposited in
this account as offsetting collections and will become
available for authorized purposes on October 1, 2004, and
remain available until expended.
DISASTER RELIEF
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses in carrying out the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), $1,800,000,000, to remain available until
expended; of which not to exceed $22,000,000 shall be
transferred to and merged with the appropriation for ``Office
of Inspector General'' for audits and investigations.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
For administrative expenses to carry out the direct loan
program, as authorized by section 319 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5162),
$560,000: Provided, That gross obligations for the principal
amount of direct loans shall not exceed $25,000,000: Provided
further, That the cost of modifying such loans shall be as
defined in section 502 of the Congressional Budget Act of 1974
(2 U.S.C. 661a).
NATIONAL PRE-DISASTER MITIGATION FUND
For a pre-disaster mitigation grant program pursuant to
title II of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5131 et seq.),
$150,000,000, to remain available until expended: Provided,
That grants made for pre-disaster mitigation shall be awarded
on a competitive basis subject to the criteria in section
203(g) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133(g)): Provided further, That,
notwithstanding section 203(f) of that Act (42 U.S.C. 5133(f)),
grant awards shall be made without reference to State
allocations, quotas, or other formula-based allocation of
funds: Provided further, That total administrative costs shall
not exceed 3 percent of the total appropriation.
FLOOD MAP MODERNIZATION FUND
For necessary expenses pursuant to section 1360 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4101),
$200,000,000, and such additional sums as may be provided by
State and local governments or other political subdivisions for
cost-shared mapping activities under section 1360(f)(2) of such
Act, to remain available until expended: Provided, That total
administrative costs shall not exceed 3 percent of the total
appropriation.
NATIONAL FLOOD INSURANCE FUND
(INCLUDING TRANSFER OF FUNDS)
For activities under the National Flood Insurance Act of
1968 (42 U.S.C. 4011 et seq.) and the Flood Disaster Protection
Act of 1973 (42 U.S.C. 4001 et seq.), not to exceed $32,663,000
for salaries and expenses associated with flood mitigation and
flood insurance operations; and not to exceed $77,809,000 for
flood hazard mitigation, to remain available until September
30, 2005, including up to $20,000,000 for expenses under
section 1366 of the National Flood Insurance Act of 1968 (42
U.S.C. 4104c), which amount shall be available for transfer to
the National Flood Mitigation Fund until September 30, 2005,
and which amount shall be derived from offsetting collections
assessed and collected pursuant to section 1307 of that Act (42
U.S.C. 4014), and shall be retained and used for necessary
expenses under this heading: Provided, That in fiscal year
2004, no funds in excess of: (1) $55,000,000 for operating
expenses; (2) $565,897,000 for agents' commissions and taxes;
and (3) $40,000,000 for interest on Treasury borrowings shall
be available from the National Flood Insurance Fund.
NATIONAL FLOOD MITIGATION FUND
(INCLUDING TRANSFER OF FUNDS)
Notwithstanding subparagraphs (B) and (C) of subsection
(b)(3), and subsection (f) of section 1366 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4104c), $20,000,000, to
remain available until September 30, 2005, for activities
designed to reduce the risk of flood damage to structures
pursuant to such Act, of which $20,000,000 shall be derived
from the National Flood Insurance Fund.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
For necessary expenses for emergency management performance
grants, as authorized by the National Flood Insurance Act of
1968 and the Flood Disaster Protection Act of 1973 (42 U.S.C.
4001 et seq.), the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), the
Earthquake Hazards Reductions Act of 1977 (42 U.S.C. 7701 et
seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
$180,000,000: Provided, That total administrative costs shall
not exceed 3 percent of the total appropriation.
EMERGENCY FOOD AND SHELTER
To carry out an emergency food and shelter program pursuant
to title III of the Stewart B. McKinney Homeless Assistance Act
(42 U.S.C. 11331 et seq.), $153,000,000, to remain available
until expended: Provided, That total administrative costs shall
not exceed 3.5 percent of the total appropriation.
CERRO GRANDE FIRE CLAIMS
For payment of claims under the Cerro Grande Fire
Assistance Act (Public Law 106-246; 114 Stat. 583),
$38,062,000, to remain available until expended: Provided, That
not to exceed 5 percent may be made available for
administrative costs.
TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, ASSESSMENTS, AND SERVICES
Citizenship and Immigration Services
For necessary expenses for citizenship and immigration
services, including international services, $236,126,000, of
which not to exceed $5,000 shall be for official reception and
representation expenses.
Federal Law Enforcement Training Center
SALARIES AND EXPENSES
For necessary expenses of the Federal Law Enforcement
Training Center, including materials and support costs of
Federal law enforcement basic training; purchase of not to
exceed 117 vehicles for police-type use and hire of passenger
motor vehicles; expenses for student athletic and related
activities; the conduct of and participation in firearms
matches and presentation of awards; public awareness and
enhancement of community support of law enforcement training;
room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal cell
phones for official duties; and services as authorized by
section 3109 of title 5, United States Code; $155,423,000, of
which up to $36,174,000 for materials and support costs of
Federal law enforcement basic training shall remain available
until September 30, 2005; and of which not to exceed $12,000
shall be for official reception and representation expenses:
Provided, That in fiscal year 2004 and thereafter, the Center
is authorized to accept and use gifts of property, both real
and personal, and to accept services, for authorized purposes:
Provided further, That in fiscal year 2004 and thereafter, the
Center is authorized to accept detailees from other Federal
agencies, on a non-reimbursable basis, to staff the
accreditation function: Provided further, That in fiscal year
2004 and thereafter, students attending training at any Center
site shall reside in on-Center or Center-provided housing,
insofar as available and in accordance with Center policy:
Provided further, That in fiscal year 2004 and thereafter,
funds appropriated in this account shall be available, at the
discretion of the Director, for the following: training United
States Postal Service law enforcement personnel and Postal
police officers; State and local government law enforcement
training on a space-available basis; training of foreign law
enforcement officials on a space-available basis with
reimbursement of actual costs to this appropriation, except
that reimbursement may be waived by the Secretary for law
enforcement training activities in foreign countries undertaken
under section 801 of the Antiterrorism and Effective Death
Penalty Act of 1996 (28 U.S.C. 509 note); training of private
sector security officials on a space-available basis with
reimbursement of actual costs to this appropriation; and travel
expenses of non-Federal personnel to attend course development
meetings and training sponsored by the Center: Provided
further, That the Center is authorized to obligate funds in
anticipation of reimbursements from agencies receiving training
sponsored by the Center, except that total obligations at the
end of the fiscal year shall not exceed total budgetary
resources available at the end of the fiscal year: Provided
further, That in fiscal year 2004 and thereafter, the Center is
authorized to provide short-term medical services for students
undergoing training at the Center.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law
Enforcement Training Center, $37,357,000, to remain available
until expended: Provided, That the Center is authorized to
accept reimbursement to this appropriation from government
agencies requesting the construction of special use facilities.
Information Analysis and Infrastructure Protection
MANAGEMENT AND ADMINISTRATION
For salaries and expenses of the immediate Office of the
Under Secretary for Information Analysis and Infrastructure
Protection and for management and administration of programs
and activities, as authorized by title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), $125,000,000.
ASSESSMENTS AND EVALUATIONS
For expenses for information analysis and infrastructure
protection as authorized by title II of the Homeland Security
Act of 2002 (6 U.S.C. 121 et seq.), $714,300,000, to remain
available until September 30, 2005.
Science and Technology
MANAGEMENT AND ADMINISTRATION
For salaries and expenses of the immediate Office of the
Under Secretary for Science and Technology and for management
and administration of programs and activities, as authorized by
title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et
seq.), $44,168,000.
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
For expenses of science and technology research, including
advanced research projects; development; test and evaluation;
acquisition; and operations, as authorized by title III of the
Homeland Security Act of 2002 (6 U.S.C. 181 et seq.),
$874,000,000, to remain available until expended.
TITLE V--GENERAL PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
Sec. 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of
this Act, the unexpended balances of prior appropriations
provided for activities in this Act may be transferred to
appropriation accounts for such activities established pursuant
to this Act: Provided, That balances so transferred may be
merged with funds in the applicable established accounts and
thereafter may be accounted for as one fund for the same time
period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act,
provided by previous appropriation Acts to the agencies in or
transferred to the Department of Homeland Security that remain
available for obligation or expenditure in fiscal year 2004, or
provided from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that: (1) creates
a new program; (2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress; or
(4) proposes to use funds directed for a specific activity by
either the House or Senate Committees on Appropriations for a
different purpose, unless both Committees on Appropriations of
the Senate and the House of Representatives are notified 15
days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, provided by
previous appropriation Acts to the agencies in or transferred
to the Department of Homeland Security that remain available
for obligation or expenditure in fiscal year2004, or provided
from any accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this Act, shall
be available for obligation or expenditure for programs, projects, or
activities through a reprogramming of funds in excess of $5,000,000 or
10 percent, whichever is less, that: (1) augments existing programs,
projects, or activities; (2) reduces by 10 percent funding for any
existing program, project, or activity, or numbers of personnel by 10
percent as approved by the Congress; or (3) results from any general
savings from a reduction in personnel that would result in a change in
existing programs, projects, or activities as approved by the Congress;
unless the Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such reprogramming
of funds.
(c) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Homeland Security by this Act or provided by previous
appropriation Acts may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by such transfers: Provided, That any transfer under
this section shall be treated as a reprogramming of funds under
subsection (b) of this section and shall not be available for
obligation unless the Committees on Appropriations of the
Senate and the House of Representatives are notified 15 days in
advance of such transfer.
Sec. 504. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2004 from appropriations
for salaries and expenses for fiscal year 2004 in this Act
shall remain available through September 30, 2005, in the
account and for the purposes for which the appropriations were
provided: Provided, That prior to the obligation of such funds,
a request shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives
for approval in accordance with section 503 of this Act.
Sec. 505. In fiscal year 2004 and thereafter, unless
otherwise provided, funds may be used for purchase of uniforms
without regard to the general purchase price limitation for the
current fiscal year; purchase of insurance for official motor
vehicles operated in foreign countries; entering into contracts
with the Department of State to furnish health and medical
services to employees and their dependents serving in foreign
countries; services authorized by section 3109 of title 5,
United States Code; and the hire and purchase of motor
vehicles, as authorized by section 1343 of title 31, United
States Code: Provided, That purchase for police-type use of
passenger vehicles may be made without regard to the general
purchase price limitation for the current fiscal year.
Sec. 506. The Federal Emergency Management Agency ``Working
Capital Fund'' shall be available to the Department of Homeland
Security, as authorized by sections 503 and 1517 of the
Homeland Security Act of 2002 (6 U.S.C. 313, 557), for expenses
and equipment necessary for maintenance and operations of such
administrative services as the Secretary of Homeland Security
determines may be performed more advantageously as central
services: Provided, That such fund shall hereafter be known as
the ``Department of Homeland Security Working Capital Fund''.
Sec. 507. The Federal Emergency Management Agency
``Bequests and Gifts'' account shall be available to the
Department of Homeland Security, as authorized by sections 503
and 1517 of the Homeland Security Act of 2002 (6 U.S.C. 313,
557), for the Secretary of Homeland Security to accept, hold,
administer and utilize gifts and bequests, including property,
to facilitate the work of the Department of Homeland Security:
Provided, That such fund shall hereafter be known as
``Department of Homeland Security, Gifts and Donations'':
Provided further, That any gift or bequest shall be used in
accordance with the terms of that gift or bequest to the
greatest extent practicable.
Sec. 508. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security
Act of 1947 (50 U.S.C. 414) during fiscal year 2004 until the
enactment of an Act authorizing intelligence activities for
fiscal year 2004.
Sec. 509. The Federal Law Enforcement Training Center shall
establish an accrediting body, to include representatives from
the Federal law enforcement community and non-Federal
accreditation experts involved in law enforcement training, to
establish standards for measuring and assessing the quality and
effectiveness of Federal law enforcement training programs,
facilities, and instructors.
Sec. 510. None of the funds in this Act may be used to make
a grant unless the Secretary of Homeland Security notifies the
Committees on Appropriations of the Senate and the House of
Representatives not less than 3 full business days before any
grant allocation, discretionary grant award, or letter of
intent totaling $1,000,000 or more is announced by the
Department or its directorates from: (1) any discretionary or
formula-based grant program of the Office for Domestic
Preparedness; (2) any letter of intent from the Transportation
Security Administration; or (3) any port security grant:
Provided, That no notification shall involve funds that are not
available for obligation.
Sec. 511. Notwithstanding any other provision of law, no
agency shall purchase, construct, and/or lease any additional
facilities, except within or contiguous to existing locations,
to be used for the purpose of conducting Federal law
enforcement training without the advance approval of the
Committees on Appropriations of the Senate and the House of
Representatives, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement
for training which cannot be accommodated in existing Center
facilities.
Sec. 512. The Director of the Federal Law Enforcement
Training Center shall ensure that all training facilities under
the control of the Center are operated at optimal capacity
throughout the fiscal year.
Sec. 513. For fiscal year 2004 and thereafter, none of the
funds appropriated or otherwise made available to the
Department of Homeland Security may be used for the production
of customs declarations that do not inquire whether the
passenger had been in the proximity of livestock.
Sec. 514. For fiscal year 2004 and thereafter, none of the
funds appropriated or otherwise made available to the
Department of Homeland Security shall be available for any
activity or for paying the salary of any Government employee
where funding an activity or paying a salary to a Government
employee would result in a determination, regulation, or policy
that would prohibit the enforcement of section 307 of the
Tariff Act of 1930 (19 U.S.C. 1307).
Sec. 515. For fiscal year 2004 and thereafter, none of the
funds appropriated or otherwise made available to the
Department of Homeland Security may be used to allow--
(1) the importation into the United States of any
good, ware, article, or merchandise mined, produced, or
manufactured by forced or indentured child labor, as
determined under section 307 of the Tariff Act of 1930
(19 U.S.C. 1307); or
(2) the release into the United States of any good,
ware, article, or merchandise on which there is in
effect a detention order under such section 307 on the
basis that the good, ware, article, or merchandise may
have been mined, produced, or manufactured by forced or
indentured child labor.
Sec. 516. None of the funds appropriated or otherwise made
available by this Act may be used for expenses of any
construction, repair, alteration, and acquisition project for
which a prospectus, if required by the Public Buildings Act of
1959, has not been approved, except that necessary funds may be
expended for each project for required expenses for the
development of a proposed prospectus.
Sec. 517. None of the funds appropriated or otherwise made
available by this Act shall be used to pursue or adopt
guidelines or regulations requiring airport sponsors to provide
to the Transportation Security Administration without cost
building construction, maintenance, utilities and expenses, or
space in airport sponsor-owned buildings for services relating
to aviation security: Provided, That the prohibition of funds
in this section does not apply to--
(1) negotiations between the agency and airport
sponsors to achieve agreement on ``below-market'' rates
for these items, or
(2) space for necessary security checkpoints.
Sec. 518. None of the funds in this Act may be used in
contravention of the applicable provisions of the Buy American
Act (41 U.S.C. 10a et seq.).
Sec. 519. (a) None of the funds provided by this or
previous appropriations Acts may be obligated for deployment or
implementation, on other than a test basis, of the Computer
Assisted Passenger Prescreening System (CAPPS II) that the
Transportation Security Administration (TSA) plans to utilize
to screen aviation passengers, until the General Accounting
Office has reported to the Committees on Appropriations of the
Senate and the House of Representatives that--
(1) a system of due process exists whereby aviation
passengers determined to pose a threat and either
delayed or prohibited from boarding their scheduled
flights by the TSA may appeal such decision and correct
erroneous information contained in CAPPS II;
(2) the underlying error rate of the government and
private data bases that will be used both to establish
identity and assign a risk level to a passenger will
not produce a large number of false positives that will
result in a significant number of passengers being
treated mistakenly or security resources being
diverted;
(3) the TSA has stress-tested and demonstrated the
efficacy and accuracy of all search tools in CAPPS II
and has demonstrated that CAPPS II can make an accurate
predictive assessment of those passengers who may
constitute a threat to aviation;
(4) the Secretary of Homeland Security has
established an internal oversight board to monitor the
manner in which CAPPS II is being developed and
prepared;
(5) the TSA has built in sufficient operational
safeguards to reduce the opportunities for abuse;
(6) substantial security measures are in place to
protect CAPPS II from unauthorized access by hackers or
other intruders;
(7) the TSA has adopted policies establishing
effective oversight of the use and operation of the
system; and
(8) there are no specific privacy concerns with the
technological architecture of the system.
(b) During the testing phase permitted by paragraph (a) of
this section, no information gathered from passengers, foreign
or domestic air carriers, or reservation systems may be used to
screen aviation passengers, or delay or deny boarding to such
passengers.
(c) The General Accounting Office shall submit the report
required under paragraph (a) of this section no later than
February 15, 2004.
Sec. 520. For fiscal year 2004 and thereafter, the
Secretary of Homeland Security shall charge reasonable fees for
providing credentialing and background investigations in the
field of transportation: Provided, That the establishment and
collection of fees shall be subject to the following
requirements:
(1) such fees, in the aggregate, shall not exceed
the costs incurred by the Department of Homeland
Security associated with providing the credential or
performing the background record checks;
(2) the Secretary shall charge fees in amounts that
are reasonably related to the costs of providing
services in connection with the activity or item for
which the fee is charged;
(3) a fee may not be collected except to the extent
such fee will be expended to pay for the costs of
conducting or obtaining a criminal history record check
and a review of available law enforcement databases and
commercial databases and records of other governmental
and international agencies; reviewing and adjudicating
requests for waiver and appeals of agency decisions
with respect to providing the credential, performing
the background record check, and denying requests for
waiver and appeals; and any other costs related to
providing the credential or performing the background
record check; and
(4) any fee collected shall be available for
expenditure only to pay the costs incurred in
providingservices in connection with the activity or item for which the
fee is charged and shall remain available until expended.
Sec. 521. The Secretary of Homeland Security is directed to
research, develop, and procure certified systems to inspect and
screen air cargo on passenger aircraft at the earliest date
possible: Provided, That until such technology is procured and
installed, the Secretary shall take all possible actions to
enhance the known shipper program to prohibit high-risk cargo
from being transported on passenger aircraft.
This Act may be cited as the ``Department of Homeland
Security Appropriations Act, 2004''.
And the Senate agree to the same.
Harold Rogers,
C. W. Bill Young,
Frank R. Wolf,
Zach Wamp,
Tom Latham,
Jo Ann Emerson,
Kay Granger,
John E. Sweeney,
Don Sherwood,
Martin Olav Sabo,
David E. Price,
Jose E. Serrano,
Lucille Roybal-Allard,
Marion Berry,
Alan B. Mollohan,
Managers on the Part of the House.
Thad Cochran,
Ted Stevens,
Arlen Specter,
Pete V. Domenici,
Mitch McConnell,
Richard C. Shelby,
Judd Gregg,
Ben Nighthorse Campbell,
Larry Craig,
Robert C. Byrd,
Daniel K. Inouye,
Ernest F. Hollings,
Patrick J. Leahy,
Tom Harkin,
Barbara A. Mikulski,
Herb Kohl,
Patty Murray,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 2555), making
appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2004, and for other purposes,
submit the following joint statement to the House and the
Senate in explanation of the effects of the action agreed upon
by the managers and recommended in the accompanying conference
report.
Senate Amendment: The Senate deleted the entire House
bill after the enacting clause and inserted the Senate bill.
The conference agreement includes a revised bill.
Throughout the accompanying explanatory statement, the
managers refer to the Committee and the Committees on
Appropriations. Unless otherwise noted, in both instances, the
managers are referring to the House Subcommittee on Homeland
Security and the Senate Subcommittee on Homeland Security.
The language and allocations contained in House Report
108-169 and Senate Report 108-86 should be complied with unless
specifically addressed to the contrary in the conference report
and statement of managers. The statement of managers, while
repeating some report language for emphasis, does not intend to
negate the language referred to above unless expressly provided
herein. In cases where both the House and Senate reports
address a particular issue not specifically addressed in the
conference report or joint statement of managers, the conferees
have determined that the House report and Senate report are not
inconsistent and are to be interpreted accordingly.
In cases where the House or Senate report directs the
submission of a report, such report is to be submitted to both
the House and Senate Committees on Appropriations. Further, in
a number of instances, House Report 108-169 and Senate Report
108-86 direct agencies to report to the Committees by specific
dates that have now passed. In those instances, and unless
alternative dates are provided in the accompanying explanatory
statement, agencies are directed to provide these reports to
the House and Senate Committees on Appropriations no later than
November 14, 2003.
TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
The conferees agree to provide $80,794,000 instead of
$78,975,000 as proposed by the House and $83,653,000 as
proposed by the Senate. Within the funds provided for the
Office of the Secretary and Executive Management, travel
expenses may not exceed $2,575,000. The conferees agree to
provide an additional $490,000 to partially offset the costs of
the fiscal year 2004 4.1 percent pay adjustment. Funding shall
be allocated as follows:
Immediate Office of the Secretary....................... $2,139,000
Immediate Office of the Deputy Secretary................ 1,116,000
Office of Security...................................... 19,899,000
Chief of Staff.......................................... 5,047,000
Executive Secretary..................................... 5,239,000
Special Assistant to the Secretary/Private Sector....... 3,995,000
Office of National Capital Region (NCR) Coordinator..... 560,000
Office of State and Local Government Coordination....... 3,095,000
Office of International Affairs......................... 1,165,000
Office of Public Affairs................................ 8,168,000
Office of Legislative Affairs........................... 5,907,000
Office of General Counsel............................... 8,696,000
Office of Civil Rights and Liberties.................... 13,027,000
Citizenship and Immigration Services Ombudsman.......... 1,243,000
Homeland Security Advisory Committee.................... 726,000
Privacy Officer......................................... 772,000
--------------------------------------------------------
____________________________________________________
Total............................................. 80,794,000
RECEPTION AND REPRESENTATION EXPENSES
The conferees have provided $40,000 for reception and
representation expenses for the Office of the Secretary and
Executive Management, as proposed by the House, instead of
$100,000 as proposed by the Senate in a general provision.
Separate reception and representation allowances have been
provided directly to other departmental agencies.
The conferees have not included bill language, proposed
by the House, permitting the Secretary to use up to $2,000,000
for unforeseen emergencies.
BUDGET JUSTIFICATIONS
The conferees direct the Department to submit its fiscal
year 2005 budget justifications on the first Monday in
February, concurrent with official submission of the
President's budget to the Congress. These justifications should
include detailed data and explanatory statements in support of
the appropriations requests, including tables that detail each
agency's programs, projects, and activities for fiscal years
2004 and 2005. The budget justifications should also include a
table identifying the last year that authorizing legislation
was provided by Congress for each program, project, or
activity; the amount of the authorization; and the
appropriation in the last year of the authorization.
MONTHLY REPORTING REQUIREMENTS
The conferees agree with House report language directing
the Department to submit to the Committees on Appropriations a
monthly budget execution report showing the status of
obligations and costs for all components of the Department.
DETAILEES
The conferees direct the Department to report for fiscal
year 2003 and for the first quarter of fiscal year 2004 to the
Committees on Appropriations by January 1, 2004, by agency on
the number of detailees in the Department as well as those
detailed to other executive and legislative agencies;
originating agency; salary; length of detail (including
beginning and end dates); and purpose of the detail.
PROTECTION OF CLASSIFIED INFORMATION
The conferees agree with House report language regarding
proper storage and security of classified information and
materials, and, within available funds for the Office of
Security, up to $3,000,000 shall be made available for initial
purchase and installation of locks meeting or exceeding federal
specification FF-L-2740-A. Consistent with House report
language, the conferees expect a complete assessment of needs
to be delivered to the Committees on Appropriations no later
than December 15, 2003.
COUNTERMEASURES AGAINST SHOULDER-FIRED MISSILES
The Secretary shall report to the Committees on
Appropriations no later than March 1, 2004, in classified form,
on the progress made to develop countermeasures for commercial
aircraft against shoulder-fired missile systems, including cost
and time schedules for developing and deploying such
countermeasures, a vulnerability assessment of category X and
category 1 airports from the threat of shoulder-fired missile
systems, and the interim measures being taken to address the
threat.
ASSET FORFEITURE FUNDS
The conferees note that asset forfeiture funds have
played a vital role in support of law enforcement and homeland
security operations. The conferees also are aware that new
legal and/or administrative structures are under consideration
for the operation of the current Treasury and Justice
Department forfeiture funds. Because a number of the
Department's law enforcement agencies rely on the use of assets
from these funds for on-going investigations and other
operations, the conferees direct the Department to notify the
Committees on Appropriations prior to any changes in the
existing structure of these funds or changes to the
distribution of the assets from these funds.
Office of the Under Secretary for Management
The conferees agree to provide $130,983,000 instead of
$116,139,000 as proposed by the House and $167,521,000 as
proposed by the Senate. Within the funds provided for the
Office of the Under Secretary for Management, travel expenses
may not exceed $602,000. Due to lack of details, the conferees
have not provided funding for Strategic Initiatives. The
conferees agree to provide an additional $333,000 to partially
offset the costs of the fiscal year 2004 4.1 percent pay
adjustment. Funding shall be allocated as follows:
Under Secretary for Management.......................... $1,278,000
Office of Chief Financial Officer....................... 10,592,000
Office of Procurement................................... 6,171,000
Office of Human Resources............................... 6,743,000
Office of Chief Information Officer..................... 60,496,000
Office of Administration................................ 25,703,000
Headquarters............................................ 20,000,000
--------------------------------------------------------
____________________________________________________
Total............................................. 130,983,000
STANDARDIZATION OF SYSTEMS
The conferees expect that standardization and savings
will be realized through consolidation of support operations,
personnel, and systems within the Department of Homeland
Security. The conferees direct the Department to undertake
these consolidation efforts in such areas as administration,
finance and accounting, and procurement.
command center
The conferees have fully funded the command center under
the Information Analysis and Infrastructure Protection
management and administration account. No funding is included
for this center under the Chief Information Officer, as
proposed by both the House and Senate.
DHS HEADQUARTERS
The conferees agree to provide $20,000,000 for necessary
renovations at the Nebraska Avenue Complex instead of
$30,000,000 as proposed by the Senate and no funding as
proposed by the House. The conferees include a new general
provision (Section 516) prohibiting the expenditure of funds
absent an approved prospectus, if required by the Public
Buildings Act of 1959. Funding is provided for evaluations and
planning; security upgrades; renovations and improvements of
buildings 1, 4, 5, 18, 19, and 100; SCIF construction in
building 5; and Navy relocation costs.
Department-Wide Technology Investments
The conferees agree to provide $185,000,000 as proposed
by the Senate instead of $206,000,000 as proposed by the House.
Funds are available until expended. Statutory language proposed
by the House has been included prohibiting the use of funds to
support or supplement the appropriations provided for the
United States Visitor and Immigrant Status Indicator Technology
project or the Automated Commercial Environment system.
The conference agreement includes $72,506,000 for
information technology services; $31,000,000 for security
activities; $100,000,000 for wireless programs; and $2,494,000
for federal salaries and expenses. The conference agreement
also includes the Senate proposal to use $21,000,000
transferred to the Department of Homeland Security from the
Department of Justice Working Capital Fund for enterprise
architecture and the information and evaluation program. Full
funding has been provided for consolidation of the Department's
watch lists.
The Department is to report to the Committees on
Appropriations by December 15, 2003, on how the federal
wireless program will operate with the state and local
communications systems that are being implemented concurrently,
and to identify the level of funding provided to all
Departmental components for mobile radios.
The Department is to report to the Committees on
Appropriations by December 15, 2003, on the status of the
Department's efforts to: complete an inventory of the
Department's entire information technology structure; devise
and deploy a comprehensive enterprise architecture that
promotes interoperability of homeland security information
systems, including communications systems, for agencies within
and outside the Department; consolidate multiple overlapping
and inconsistent terrorist watch lists; and align common
information technology investments within the Department and
between the Department and other federal, state, and local
agencies responsible for homeland security to minimize
inconsistent and duplicative acquisitions and expenditures.
Office of Inspector General
The conferees agree to provide $58,664,000 instead of
$58,118,000 as proposed by both the House and the Senate; and
$22,000,000 is transferred from the Emergency Preparedness and
Response Disaster Relief Fund for a total of $80,664,000 for
the Office of Inspector General. The conferees agree to provide
an additional $546,000 to partially offset the costs of the
fiscal year 2004 4.1 percent pay adjustment.
Bill language is included to allow the Inspector General
to use not to exceed $100,000 for unforeseen emergencies,
including the payment of informants, as proposed by the Senate
instead of $1,000,000 as proposed by the House.
The conferees direct the Inspector General to provide all
audit reports requested by the Committees on Appropriations to
the Committees no less than 15 days prior to public
distribution of such reports.
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
Office of the Under Secretary for Border and Transportation Security
SALARIES AND EXPENSES
The conferees agree to provide $8,106,000 as proposed by
the House instead of $8,842,000 as proposed by the Senate.
Within the Office of the Under Secretary for Border and
Transportation Security, travel may not exceed $418,000.
ADMINISTRATIVE SUPPORT AND INTERAGENCY COOPERATION
The conferees recognize that there will continue to be
significant requirements for support between agencies within
the Directorate of Border and Transportation Security, as well
as other Departmental agencies, notably the Bureau of
Citizenship and Immigration Services, as transition continues.
This may include shared services, modernizing and supporting
shared automated systems, shared infrastructure, access to
databases, and other forms of support. The conferees direct
that the Under Secretary and all bureaus collaborate to ensure
that the needs of frontline employees are being met, regardless
of which bureau is providing legacy system support or
administrative infrastructure.
United States Visitor and Immigrant Status Indicator Technology (US
VISIT)
The conferees agree to provide $330,000,000 instead of
$350,000,000 as proposed by the House and $380,000,000 as
proposed by the Senate. Funds are available until expended.
US VISIT PLANNING, EXPENDITURE AND OVERSIGHT INFORMATION
The conferees are concerned about the progress in
planning and deploying the US VISIT system. Given the priority
of US VISIT, the conferees expect that some expenditure plans
would be completed and submitted to the Committees on
Appropriations shortly after appropriations become available,
and not held up until late in the fiscal year as has been true
in the past.
The conferees expect to be provided additional
information about overall program characteristics, as well as
greater details in specific expenditure plans. Overall,
information needs to be provided showing the context in which
US VISIT is being developed, to include, but not be limited to:
an estimate of overall costs; a comprehensive explanation of
the exit control business process on which planning is based;
staffing plans being developed for entrance and exit control
activity; and explanations of how US VISIT information will be
made available to the Bureau of Immigration and Customs
Enforcement and other law enforcement and homeland security
agencies. In addition, expenditure plans shall provide a
greater level of detail, including: annual cost, schedule, and
performance milestones; outyear costs; and related impacts on
staffing, infrastructure, and communications costs.
The conferees further direct DHS to submit its privacy
policy to protect information held by US VISIT to the
Committees on Appropriations not later than 45 days after
enactment of the Act.
To assist the Committees in their oversight of US VISIT,
the conferees direct DHS to submit detailed monthly reports on
the planned and actual deployment of US VISIT entry and exit
systems and equipment at airports and seaports. The first
report shall be submitted not later than October 15, 2003, and
shall include information on deployment through September 2003,
as well as for the remainder of fiscal year 2004.
US VISIT BIOMETRICS
The conferees believe that the success of US VISIT
depends on the effective integration of biometrics into its
systems and operations. The biometric infrastructure being
built must be a viable long-term solution fully interoperable
with the FBI Integrated Automated Fingerprint Identification
System that meets biometric standards of the National Institute
of Standards and Technology. As stated in Public Law 108-7,
procurement decisions for the overall US VISIT program should
ensure full and open competition.
An example of a technology with great capacity for
storing biometric information is optical memory, now used by
the Department for permanent resident cards and by the State
Department for border crossing cards. The conferees encourage
the Department to ensure that all technologies are considered
as it proceeds with US VISIT development and as the State
Department moves forward with the next generation of travel
documents and credentials. The conferees further encourage the
Department to ensure that it coordinates with other federal
agencies engaged in such technology development and that such
technologies are developed to comply with current and planned
international civil aviation standards.
Customs and Border Protection
SALARIES AND EXPENSES
The conferees agree to provide $4,396,350,000 for the
Bureau of Customs and Border Protection (CBP) instead of
$4,587,600,000 as proposed by the House and $4,369,000,000 as
proposed by the Senate. This includes: $18,000,000 to cover the
costs of 2003 pay increases and partially restore unspecified
administrative reductions taken to establish the Department;
$4,750,000 for textile transshipment enforcement, as authorized
in the Trade Act of 2002; $12,725,000 to enforce laws relating
to forced or indentured child labor, of which $4,000,000 is
available until expended; $63,800,000 for non-intrusive
inspection technology; $6,700,000 for additional staffing
needed to support new inspection technology and implement
wireless personal data assistant database access; $41,000,000
for an additional 570 Border Patrol Agents; $9,000,000
foradditional inspectors; a reduction to correct for $18,000,000 that
had been double-counted in the budget request; and an additional
$23,200,000 to partially offset the costs of the fiscal year 2004 4.1
percent pay adjustment. The appropriation also reflects reductions that
correspond to realignment of construction funding into separate
appropriations, and $128,000,000 for administrative support for
investigations and air and marine operations into the Bureau of
Immigration and Customs Enforcement appropriation. Funding requested
for Plum Island is provided in the Science and Technology biological
countermeasures program. Further details on the allocation of funds can
be found in the conference funding tables included in this report.
The conferees are aware that the Department is conducting
a comprehensive review of administrative and other mission
responsibilities, particularly as they affect CBP and other
agencies that have inherited multiple legacy missions. While
funding provided by this conference agreement is based on the
best possible information available, the conferees understand
there may be a need to adjust funding to conform to the
decisions resulting from the review.
BORDER STAFFING
The conferees support adequate staffing to secure the
nation's ports and borders, and have included a total of
$76,300,000 for increased deployment of inspection technology,
the Customs-Trade Partnership Against Terrorism, canine
enforcement officers, CBP inspectors and Border Patrol Agents.
The conferees recognize the effort required to integrate
these increases while continuing to adjust the structure and
organization of a new, consolidated bureau. In order to assess
the status of current and projected staffing, the conferees
direct CBP to submit to the Committees on Appropriations not
later than December 1, 2003, a detailed staffing plan
including: actual on-board personnel for fiscal year 2003;
projected staffing for fiscal year 2004; positions authorized
but vacant; full-time, part-time, and temporary positions
funded through direct appropriations; full-time, part-time and
temporary fee-funded positions; and staffing at each port of
entry and border area. The report shall also identify the new
positions funded by this Act. The conferees expect this
staffing plan to be coordinated and consistent with the
staffing assumptions included in the CBP construction master
plan.
NON-INTRUSIVE INSPECTION AND RADIATION DETECTION TECHNOLOGY
The conferees are aware of several instances where
improvements can be made in evaluating new technology for cargo
screening and radiation detection. For example, completion of
the demonstration project for pulsed fast neutron analysis at
the Ysleta border crossing has been significantly delayed. The
conferees direct CBP to accelerate its efforts to complete this
test and report its findings to the Committees on
Appropriations not later than August 1, 2004. In another
example, the conferees note that $3,000,000 was provided to CBP
in the fiscal year 2003 appropriation to evaluate and prototype
next generation technology to screen and detect contraband,
explosives, radioactive materials, and potential chemical and
biological weapons. However, it appears that a significant
share of this funding is instead being used to test
modifications to existing detection technology.
The conferees strongly support Departmental coordination
of efforts by CBP and other DHS agencies to test and invest in
technology for inspection, detection and monitoring for weapons
of mass destruction, and integrate such technology in all
operations. The conferees direct both CBP and DHS to ensure
that all potential candidate technologies are permitted to
compete and be fairly evaluated as part of any acquisition
decisions for inspection and radiation detection technology.
ANTI-DUMPING ENFORCEMENT
The conferees have ensured that this account includes
sufficient funds to enforce the anti-dumping authority
contained in section 764 of the Tariff Act of 1930 (19 U.S.C.
1675c). Additionally, the conferees are aware of the Department
of the Treasury Office of Inspector General audit report
(OIG003-085), ``Customs Needs to Improve Compliance with CDSOA
(Continued Dumping and Subsidy Offset Act of 2000)'' and expect
the CBP to fully comply with the recommendations made in that
report.
STEEL IMPORTS TRADE LAW ENFORCEMENT
The conferees fully support the language on enforcement
of U.S. trade laws regarding steel imports contained in House
Report 108-169. The conferees note that the report submitted
May 30, 2003, on this issue did not contain the requested data
on the types and value of illegal imports seized and penalties
imposed. The conferees direct the CBP to submit a revised
report by April 20, 2004, that includes all of the information
requested.
OFFSETTING FEE COLLECTIONS
The conferees are concerned about the financial health of
the Immigration Inspection User Fee, COBRA passenger inspection
fees, and the Land Border Inspection Fee, all of which have
been affected by declining travel volume. The conferees direct
the Department and CBP to manage programs within the levels of
actual receipts, and to adjust Land Border Inspection fees
quickly to ensure adequate revenue. The conferees direct CBP to
ensure that fee revenues are used first to fully fund base
operations and adjustments, as supported in justification
materials provided to Congress, before undertaking any new
initiatives.
AUTOMATION MODERNIZATION
The conferees agree to provide $441,122,000, as proposed
by the Senate, instead of $493,727,000 as proposed by the
House. Funds are available until expended. This includes
funding as requested for the Automated Commercial Environment,
the Integrated Trade Data System, and the costs of the legacy
Automated Commercial System.
CONSTRUCTION
The conferees agree to provide $90,363,000 as proposed by
the Senate, instead of $95,552,000 funded within the CBP
Salaries and Expenses appropriation as proposed by the House.
Funds are available until expended. The conferees direct CBP to
review its nationwide priority list for construction funding
for the Border Patrol, and provide a detailed plan of its
intended use of this funding within 45 days of enactment of
this Act. In addition, the conferees direct CBP to submit an
updated construction master plan to the Committees on
Appropriations not later than July 1, 2004.
CONFERENCE FUNDING LEVELS
Amount
Customs and Border Protection:
Salaries and Expenses............................... $4,396,350,000
Automation Modernization............................ 441,122,000
Construction (Border Patrol)........................ 90,363,000
--------------------------------------------------------
____________________________________________________
Subtotal, Direct Appropriations................... 4,927,835,000
========================================================
____________________________________________________
Offsetting Fee Collections:
Immigration user fee............................ (509,000,000)
Immigration examinations fund................... (0)
Immigration enforcement fines................... (6,000,000)
Land border inspection fund..................... (28,000,000)
COBRA........................................... (302,000,000)
--------------------------------------------------------
____________________________________________________
Subtotal, Offsetting Fee Collections........ (845,000,000)
========================================================
____________________________________________________
Total, Customs and Border Protection........ (5,772,835,000)
Immigration and Customs Enforcement
SALARIES AND EXPENSES
(INCLUDING RESCISSION OF FUNDS)
The conferees agree to provide $2,151,050,000 for the
Bureau of Immigration and Customs Enforcement (ICE) instead of
$2,030,000,000 as proposed by the House and $2,180,000,000 as
proposed by the Senate. This includes: $7,500,000 to cover the
costs of annualizing 2003 pay increases and to partially
restore unspecified administrative reductions taken to
establish the Department; $4,750,000 for textile transshipment
enforcement, as authorized in the Trade Act of 2002; $3,000,000
to enforce laws relating to forced or indentured child labor,
of which $1,000,000 is available until expended; $6,700,000 in
new funding for additional investigators, particularly for
compliance monitoring; $5,400,000 for personnel costs
associated with establishing a Northern Border airwing; and
$6,400,000 for the Intellectual Property Rights Center.
The funding level reflects realignment of funding for
construction into a separate construction appropriation, and
realignment of $128,000,000 for administrative support for
investigations and air and marine operations into ICE. The
conferees agree to provide an additional $15,000,000 to
partially offset the costs of the fiscal year 2004 4.1 percent
pay adjustment. The conferees continue to support alternatives
to detention and to providing legal orientation to persons in
detention prior to their first hearing before an immigration
judge, and expect that these programs will be funded at the
same level as the previous fiscal year. Further details on
funding allocations can be found in the conference funding
tables included in this report.
The conferees are aware that the Department is conducting
a comprehensive review of administrative and other mission
responsibilities, particularly as they affect ICE and other
agencies that have inherited multiple legacy missions. While
funding provided by this conference agreement is based on the
best possible information available, the conferees understand
there may be a need to adjust funding to conform to the
decisions resulting from the review.
STUDENT AND EXCHANGE VISITOR INFORMATION SYSTEM
The conferees direct the General Accounting Office to
report on the implementation of the Student and Exchange
Visitor Information System (SEVIS). The report should include
an assessment of the technical problems faced by institutions
of higher education using the system, the need for the detailed
information collected, and an analysis of corrective action
being taken by DHS to resolve problems in SEVIS. This report
should be provided to the Committees on Appropriations not
later than 180 days after enactment of the Act.
INTELLECTUAL PROPERTY RIGHTS
The conferees direct the Under Secretary for Border and
Transportation Security to report, not later than January 15,
2004, on the number of Immigration and Customs Enforcement open
cases, closed cases, arrests, convictions, and prosecutions
that result in dismissals or civil actions related to
intellectual property rights enforcement for each of fiscal
years 2001 through 2003. The conferees strongly encourage the
Department to establish a government/industry anti-counterfeit
working group in order to facilitate investigations,
interdictions and prosecutions.
OFFSETTING FEE COLLECTIONS
The conferees are concerned about the accuracy of
estimates for fees supporting ICE operations. There have been
significant downward adjustmentsin the estimates of funding
available from breached bond/detention and removal collections that
have forced the detention building program to be delayed as long as two
years, and similarly, overestimates have been made for the Immigration
Inspection User Fee Account. The conferees direct ICE to ensure that
fee revenues are used first to fully fund base operations and
adjustments, as supported in justification materials provided to
Congress, before undertaking any new initiatives. The conferees also
direct DHS and ICE to inform the Committees on Appropriations in a
timely manner of potential short-term operational or programmatic
impacts from reduced fee collections.
RESCISSION OF FUNDS
The conferees have rescinded $54,000,000 from funds made
available in chapter 6 of title I of Public Law 108-11. These
funds were originally appropriated for expenses related to
Operation Liberty Shield, but are no longer required for such
purposes.
FEDERAL AIR MARSHALS
The conferees agree to provide $626,400,000 for the
Federal Air Marshals program within the Bureau of Immigration
and Customs Enforcement rather than the Transportation Security
Administration (TSA), pursuant to the Administration's
reorganization notification submitted to the Congress on
September 2, 2003. The House bill proposed $634,100,000 for the
Federal Air Marshals program as a separate account within TSA's
budget. The Senate bill provided $610,000,000 as a separate
line item within TSA's aviation security appropriation. Within
the funds provided, the conferees agree to provide an
additional $2,300,000 to partially offset the costs of the
fiscal year 2004 4.1 percent pay adjustment. Funding shall be
allocated as follows:
Federal Air Marshals.................................... $602,300,000
Explosive unit.......................................... 4,100,000
Scheduling and information technology................... 10,000,000
Air-to-ground communications............................ 10,000,000
--------------------------------------------------------
____________________________________________________
Total, Federal air marshals........................... 626,400,000
FEDERAL PROTECTIVE SERVICE
(TRANSFER OF FUNDS)
The conferees agree to provide $424,211,000, as proposed
by the House and as included by the Senate in the Salaries and
Expenses appropriation for ICE.
AUTOMATION MODERNIZATION
The conferees agree to provide $40,000,000, instead of
$367,605,000 as proposed by the House. Funds are available
until expended. The Senate included funding for this purpose
within the ICE appropriation. This new account will fund major
information technology investment projects for ICE, including
Atlas/Chimera data modernization and connectivity. The
conferees include a new provision prohibiting the obligation of
funds until the Committees receive and approve an expenditure
plan.
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT
The conferees agree to provide $210,200,000, instead of
$175,000,000 as proposed by the House and $257,291,000 as
proposed by the Senate. Funds are available until expended.
This includes $35,200,000 to establish a Northern Border
airwing, of which $12,800,000 is available for aircraft
procurement.
AIR AND MARINE INTERDICTION (AMI) PROGRAM MODERNIZATION PLAN
The roles and missions of AMI are being redefined as it
becomes integrated as a core component of the Department, and
as a result of expanded airspace security missions following
the September 11, 2001, attacks and during the recent Liberty
Shield operation. The heightened need to coordinate air and
marine operations, as well as to continue aggressive
counterdrug efforts, make it essential that AMI modernize. As
part of a comprehensive review of AMI missions, structures,
operations and resources, a number of security shortfalls were
identified by the Department. These include the need to
establish Northern Border operations and to provide airspace
security for the National Capital Region. Other priorities
include replacing AMI's aging air and marine assets, and
continuing counterdrug interdiction in the source and transit
zones. The conferees were informed that, based on the review, a
modernization plan including a five-year recapitalization plan
will soon be completed.
The conferees are committed to seeing AMI succeed, and
need to know more about the ultimate plan for AMI development,
modernization and deployment, including its relationship to the
Border Patrol and to the U.S. Coast Guard. The conferees
therefore direct the Under Secretary for Border and
Transportation Security to report to the Committees on
Appropriations no later than November 14, 2003, on the five-
year plan for AMI missions, structure, operations, and
resources, including deployment and command and control
requirements, such as the need to increase the number of
servers at the Air and Marine Operations Center to eliminate
significant surveillance gaps affecting the Northern Border and
the western United States. In addition, the report should
address: (1) the status of any air traffic control
communications with recommendations on how to fill any voids;
(2) the current and future role played by tethered aerostat
radars (TARs) in airspace interdiction and homeland security,
describing any gaps in TARs coverage, such as those that may
exist in the central Gulf of Mexico; (3) the basing of air
assets, in particular the P-3 aircraft, many of which now
occupy temporary or inadequate hangar space such as that at
Jacksonville, Florida; and (4) detailed plans for using the
$35,800,000 included in the Act for continued support of the
Western Hemisphere Drug Elimination Act.
AMI STAFFING AND PERSONNEL
The conferees direct the Under Secretary to report, no
later than November 14, 2003, on AMI staffing needs and
personnel policies affecting the use and assignment of
personnel, including staffing grades, maintenance and
operational issues. The report, covering the next five years,
should display the numbers and types of authorized positions
needed to fulfill the mission of AMI; personnel and benefits
costs; current on-board staffing levels; and projections for
filling vacant positions.
CONSTRUCTION
The conferees agree to provide $26,775,000 as proposed by
the Senate and as included by the House in the Salaries and
Expenses appropriation for ICE. Funds are available until
expended. The conferees direct ICE to review its nationwide
priority list for construction project funding and submit a
detailed plan for use of this funding within 45 days of
enactment of this Act. The conferees further direct ICE to
submit an updated construction master plan to the Committees on
Appropriations not later than July 1, 2004.
CONFERENCE FUNDING LEVELS
Amount
Immigration and Customs Enforcement:
Salaries and Expenses............................... $2,151,050,000
Federal Air Marshals................................ 626,400,000
Federal Protective Service.......................... 424,211,000
Automation and Modernization........................ 40,000,000
Air and Marine Interdiction......................... 210,200,000
Construction........................................ 26,775,000
--------------------------------------------------------
____________________________________________________
Subtotal, Direct Appropriations................... 3,478,636,000
========================================================
____________________________________________________
Offsetting Fee Collections:
Immigration user fee............................ (107,000,000)
Immigration examinations fund................... (25,000,000)
Breached bond/Detention fund.................... (116,000,000)
SEVIS fund...................................... (25,000,000)
COBRA........................................... (0)
Subtotal, Offsetting Fee Collections........ (273,000,000)
========================================================
____________________________________________________
Total, Immigration and Customs Enforcement.. (3,751,636,000)
Transportation Security Administration
AVIATION SECURITY
The conferees agree to provide $3,732,700,000 instead of
$3,659,200,000 as proposed by the House and $4,523,900,000 as
proposed by the Senate. Within this amount, not to exceed
$3,000 is available for official reception and representation
expenses as proposed by the House. The conference agreement
includes the use of $95,000,000 of prior year balances carried
over from fiscal year 2003. Bill language is also included that
reflects the collection of $2,070,000,000 from aviation user
fees, as authorized. The following table specifies funding
levels by budget activity:
Aviation Security:
Passenger screening:
Screening pilots................................ $119,000,000
Passenger screeners--PC&B.......................; 1,319,600,000
Passenger screeners--training and other......... 114,100,000
HR services..................................... 151,000,000
Checkpoint support.............................. 62,000,000
CAPPS II........................................ 35,000,000
Registered traveler............................. 5,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, passenger screening............... 1,805,700,000
========================================================
____________________________________________________
Baggage screening:
Baggage screeners--PC&B.........................; 774,200,000
Baggage screeners-training and other............ 69,500,000
EDS Purchase.................................... 150,000,000
EDS Installation................................ 250,000,000
EDS/ETD maintenance............................. 75,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, baggage screening................. 1,318,700,000
========================================================
____________________________________________________
Security direction and enforcement:
Aviation regulation and other enforcement....... 275,400,000
Airport management and staff.................... 233,800,000
Airport information technology and other support 139,100,000
Federal flight deck officer program............. 25,000,000
Air cargo....................................... 30,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, security direction and enforcement 703,300,000
========================================================
____________________________________________________
Subtotal, aviation security................. 3,827,700,000
Use of prior year balances..................
-95,000,000
--------------------------------------------------------
____________________________________________________
Total, Aviation Security.................... 3,732,700,000
SCREENER CAP
The conferees include bill language that caps full-time
equivalent screener staff to 45,000, as proposed by the House.
The conferees expect the Transportation Security Administration
(TSA) to have no more than 45,000 full-time equivalent
screeners on its rolls at the end of fiscal year 2004. In order
to meet this requirement, the conferees urge TSA to hire more
part-time and seasonal screeners. However, the conferees
recognize that there are still staffing imbalances in many
airports around the country and that TSA continues to lose
screeners through attrition. Consequently, TSA may need to
reduce staffing in some locations to comply with this provision
while recruiting and hiring additional or replacement screeners
at other airports. The prohibition on the number of full-time
equivalents is not intended to prohibit TSA from hiring
screeners during fiscal year 2004 at those airports where
additional or replacement screeners are required to maintain
aviation security and customer service.
WAIT TIMES
The conferees do not agree with language contained in the
Senate report that requires TSA to ensure a 10-minute passenger
screening standard is consistently met.
AIR CARGO
The conferees provide a total of $30,000,000 within
aviation security to strengthen the agency's oversight of air
cargo security. Additional funding of $55,000,000 is provided
within the Research and Development account.
Currently, to secure 100-percent of cargo transported
aboard passenger aircraft, TSA prohibits any cargo from
``unknown or high-risk'' shippers from being placed aboard
these aircraft. TSA ensures that any shipper wishing to
transport cargo on passenger aircraft achieve ``known'' status
through participating in the agency's ``known shipper
program''. Passenger carriers, all-cargo carriers, and freight
forwarders that interline cargo to passenger carriers are
responsible for validating the known shippers. Shippers that
cannot be validated are not allowed to transport cargo via
passenger carriers.
Within this funding, the conferees direct TSA to improve
its oversight of the known shipper program, using a risk-
weighted freight screening system that will identify pieces of
cargo that require closer scrutiny before being loaded on
passenger aircraft. An additional 100 TSA staff are provided to
perform more in-depth audits of shipper compliance with the
known shipper requirement. An improved automated system should
include the automated known shipper verification system, the
automated indirect air carrier certification and
recertification program, and automated cargo profiling systems.
In addition, funding has also been provided for TSA to conduct
background checks on those employees who handle cargo, have
access to secure areas or ramps in which cargo is loaded onto
passenger airplanes, or have direct access to air cargo being
shipped. Finally, TSA should consider testing the expansion of
the Customs-Trade Partnership Against Terrorism (C-TPAT) to the
domestic air cargo supply chain.
FEDERAL AIR MARSHALS
The conferees agree to provide $626,400,000 for the
Federal Air Marshals program within the Bureau of Immigration
and Customs Enforcement (ICE) rather than TSA, pursuant to the
Administration's reorganization notification submitted to the
Congress on September 2, 2003.
MARITIME AND LAND SECURITY
The conferees agree to provide $263,000,000 instead of
$231,700,000 as proposed by the House and $295,000,000 as
proposed by the Senate. Funding is available until September
30, 2005, as proposed by the Senate instead of until expended
as proposed by the House. The following table specifies funding
levels by budget activity:
Maritime and Land Security:
Port security grants................................ $125,000,000
Credentialing/transportation worker identification
card.............................................. 50,000,000
Intercity bus security.............................. 10,000,000
Operation Safe Commerce............................. 17,000,000
Trucking industry security program (Highway Watch).. 22,000,000
Hazardous materials security and truck tracking
program........................................... 7,000,000
Nuclear detection and monitoring.................... 4,000,000
Staffing and operations............................. 28,000,000
--------------------------------------------------------
____________________________________________________
Total, Maritime and Land Security................. 263,000,000
TRANSPORTATION WORKER IDENTIFICATION CARD
The conferees agree to provide $50,000,000 for the
transportation worker identification card (TWIC) instead of
$55,000,000 as proposed by the House and $35,000,000 as
proposed by the Senate. The conferees are concerned with the
status of implementing TWIC and the lack of progress in the
test and evaluation phase as well as the development of
guidelines, technology, applications, and enrollment for
personalization and issuance of a universal card that are to be
developed by fiscal year 2004.
The conferees encourage TSA to evaluate all technologies
for these cards, including those currently in use in other
federal agencies, to ensure that the most secure and cost
efficient identification card is developed. Further, the
conferees agree with language contained in the House report
that TSA develop a personalization system that is centralized
and uses an existing government card production facility for
these activities. While providing funds for this program, the
conferees direct TSA not to obligate funds for the next phase
until a spend plan has been developed, the Committees on
Appropriations are briefed on the results of the technical
evaluation and prototype phases, and agree that the program
should move forward.
INTELLIGENCE
The conferees agree to provide $13,600,000, as proposed
by the Senate instead of $13,700,000 as proposed by the House.
Funding is available until September 30, 2004, as proposed by
the Senate instead of available until expended as proposed by
the House.
RESEARCH AND DEVELOPMENT
The conferees agree to provide $155,200,000 instead of
$125,700,000 as proposed by the House and $130,200,000 as
proposed by the Senate. The following table specifies funding
levels by budget activity:
Research and Development:
Research and development (Tech Center).............. $55,200,000
Next generation EDS/ETD............................. 45,000,000
Air cargo........................................... 55,000,000
--------------------------------------------------------
____________________________________________________
Total, Research and Development................... 155,200,000
AIR CARGO
The conferees agree to provide $55,000,000 for air cargo
security research and development activities. This funding
should be used by TSA to pursue a variety of technological
solutions that would allow for the most efficient and targeted
inspections of cargo being carried on passenger aircraft. TSA
is directed to issue a request for proposals at the earliest
date possible for these technologies and report back to the
Committees on Appropriations by April 1, 2004, on the options
to inspect air cargo, the associated costs, and timetable.
Furthermore, TSA should immediately launch a pilot program to
use explosive detection machines in select locations to screen
high-risk cargo. Consideration should be made for those air
carriers or routes that carry a high percentage of cargo on
passenger aircraft. TSA should also consider expanding the
canine screening teams for additional cargo screening
applications. Funding should also be made available to test
additional air cargo screening tools, based on recommendations
from the industry, or to initiate a public-private partnership
to design, develop and test air cargo facility security
applications at high-cargo airports in the United States.
ADMINISTRATION
The conferees agree to provide $427,200,000 instead of
$487,100,000 as proposed by the House and $433,200,000 as
proposed by the Senate. Funding is available until September
30, 2005, as proposed by the House. The following table
specifies funding levels by budget activity:
Administration:
Headquarters support................................ $173,700,000
Mission support centers............................. 40,000,000
Information technology applications................. 198,100,000
Corporate training.................................. 15,400,000
--------------------------------------------------------
____________________________________________________
Total, Administration............................. 427,200,000
BACKGROUND INVESTIGATIONS
Within the funding provided under Administration the
conferees agree to provide $6,000,000 to conduct background
investigations on TSA employees, including security screeners,
instead of $12,000,000 as proposed by the Senate. The House
included no similar provision. In addition, a general provision
has been included that provides TSA broader authority to
collect fees for background investigations and credentialing
necessary for all modes of transportation.
United States Coast Guard
OPERATING EXPENSES
(INCLUDING RESCISSION OF FUNDS)
The conferees agree to provide a total appropriation of
$4,713,055,000 instead of $4,719,000,000 as proposed by the
Senate and $4,703,530,000 as proposed by the House. Within this
total, $340,000,000 shall be available fordefense-related
activities, as proposed by the Senate instead of $1,300,000,000 as
proposed by the House. In addition, the conferees have rescinded
$71,000,000 from funds made available in chapter 6 of title I of Public
Law 108-11 as proposed by the Senate. The House bill contained no
similar provision.
Funding for operating expenses shall be allocated as
follows:
Military Pay and allowances:
Military pay and allowances......................... $1,993,713,000
Military health care................................ 464,890,000
Permanent change of stations........................ 105,184,000
FECA/UCX............................................ 4,420,000
--------------------------------------------------------
____________________________________________________
Subtotal, military pay and allowances............. 2,568,207,000
========================================================
____________________________________________________
Civilian pay and benefits:
Civilian pay and benefits........................... 381,246,000
Pay parity for civilians............................ 4,247,000
--------------------------------------------------------
____________________________________________________
Subtotal, civilian pay and benefits............... 385,493,000
========================================================
____________________________________________________
Training and Recruiting:
Training and education.............................. 106,638,000
Recruiting.......................................... 20,702,000
Area and district training and education............ 4,000,000
Command training and education...................... 35,100,000
DHS administrative service.......................... -2,200,000
--------------------------------------------------------
____________________________________________________
Subtotal, training and recruiting................. 164,240,000
========================================================
____________________________________________________
Operating funds and unit level maintenance:
Atlantic command.................................... 145,714,000
Pacific command..................................... 161,540,000
1st District........................................ 38,708,000
7th District........................................ 54,498,000
8th District........................................ 39,150,000
9th District........................................ 20,860,000
13th District....................................... 16,050,000
14th District....................................... 11,522,000
17th District....................................... 28,852,000
Headquarters offices................................ 415,913,000
Headquarters managed units.......................... 111,310,000
Other activities.................................... 2,290,000
Portable radiation search tools..................... 1,500,000
Travel.............................................. -4,000,000
DHS administrative services......................... -11,200,000
Centrally-managed accounts (rent, ammo, postal)..... -131,100,000
Command training and education...................... -35,100,000
--------------------------------------------------------
____________________________________________________
Subtotal, operating funds and unit level
maintenance....................................... 866,507,000
========================================================
____________________________________________________
Centrally-managed accounts:
Centrally-managed operating expenses................ 131,100,000
DHS administrative services......................... -1,700,000
--------------------------------------------------------
____________________________________________________
Subtotal, centrally-managed accounts.............. 129,400,000
========================================================
____________________________________________________
Intermediate and depot level maintenance:
Aircraft maintenance................................ 218,771,000
Electronic maintenance.............................. 89,889,000
Ocean engineering and shore facilities maintenance.. 152,048,000
Vessel maintenance.................................. 146,400,000
DHS administrative services......................... -7,900,000
--------------------------------------------------------
____________________________________________________
Subtotal, immediate and depot level maintenance... 599,208,000
========================================================
____________________________________________________
Subtotal, operating expenses............................ 4,713,055,000
Rescission.............................................. -71,000,000
--------------------------------------------------------
____________________________________________________
Total, Operating Expenses......................... 4,642,055,000
For the fiscal year 2005 budget justification and for
reprogramming purposes in fiscal year 2004, the Coast Guard
shall use the six new budget categories listed above (military
pay and allowances, civilian pay and benefits, training and
recruiting, operating funds and unit level maintenance,
centrally-managed accounts, and intermediate and depot level
maintenance). However, the conferees expect sufficient detail
on each program, project, or activity in the fiscal year 2005
budget justifications to make informed decisions about the
appropriate level of funding in each program line item within
these six budget categories.
The conference agreement contains bill language to permit
operating expenses to be used to make payments into the
Department of Defense Medicare-Eligible Retiree Health Care
Fund, as proposed by the Senate. The conference agreement also
limits the number of passenger vehicles that the Coast Guard
may purchase or lease in fiscal year 2004 to 25, instead of 5
as proposed by the Senate. The House bill contained no similar
provisions. Finally, the conference agreement includes bill
language to permit the Coast Guard to use not to exceed $3,000
for official reception and representation activities, as
proposed by the House. The Senate bill contained no similar
provision.
ICE BREAKING
The conferees direct the Coast Guard to renegotiate the
memorandum of agreement relating to ice breaking activities
with the National Science Foundation (NSF), as discussed in
House Report 108-169. A reduction of $2,500,000 has been made
to the budget request to reflect additional payments from NSF
in fiscal year 2004 for ice breaking activities in the
Antarctic region.
MARITIME SAFETY AND SECURITY TEAMS
A total of $71,800,000 has been provided for Maritime
Safety and Security Teams (MSSTs) instead of $64,000,000 as
proposed by the House and $76,000,000 as proposed by the
Senate. At this level, the conferees assume that seven MSSTs
will be funded in fiscal year 2004 for a minimum of two
quarters each, including one MSST in the 17th District.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
The conferees agree to provide $17,000,000 as proposed by
the Senate and the House.
RESERVE TRAINING
The conferees agree to provide $95,000,000 as proposed by
the Senate instead of $94,051,000 as proposed by the House.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
The conferees agree to provide $967,200,000 instead of
$805,000,000 as proposed by the House and $1,035,000,000 as
proposed by the Senate. Consistent with prior practice, bill
language is included to distribute the total appropriation by
separate obligation availabilities to prevent long-term
unobligated balances and ensure fiscal discipline. The
following table summarizes the recommended level by program,
project, and activity:
Vessels................................................. $66,500,000
Great Lakes Icebreaker (GLIB) replacement........... (2,000,000)
41 foot UTB and NSB replacement project............. (12,000,000)
9 additional coastal patrol boats to enforce
security zones.................................... (52,500,000)
Integrated Deepwater Systems............................ 668,200,000
Aircraft............................................ (142,700,000)
Surface ships....................................... (302,600,000)
C4ISR............................................... (101,400,000)
Logistics........................................... (45,400,000)
Systems engineering and integration................. (42,100,000)
Government program management....................... (34,000,000)
Other equipment......................................... 162,500,000
Defense messaging system (DMS) implementation....... (3,500,000)
National distress & response system modernization
project (Rescue 21)............................... (134,000,000)
Oil spill prevention efforts under ports and
waterways safety systems.......................... (1,000,000)
Automatic Identification System..................... (24,000,000)
Personnel and related support........................... 70,000,000
Core acquisition costs.............................. (69,500,000)
Direct personnel cost............................... (500,000)
--------------------------------------------------------
____________________________________________________
Total, Acquisition, Construction, and Improvements $967,200,000
INTEGRATED DEEPWATER SYSTEMS
The conferees agree to provide $668,200,000 instead of
$702,000,000 as proposed by the Senate and $530,000,000 as
proposed by the House. The following table summarizes the
recommended level by program, project, and activity:
Aircraft:
Maritime Patrol Aircraft............................ 25,000,000
Unmanned Air Vehicles............................... 50,000,000
Other contracts/legacy sustainment.................. 67,700,000
Surface:
National Security Cutter............................ 208,000,000
OPC conceptual and contract design.................. 20,000,000
Fast Response Cutter/110-123 ft. patrol boat
conversion........................................ 66,000,000
Short Range Prosecutor.............................. 1,600,000
Other contracts/legacy sustainment.................. 7,000,000
C4ISR:
Command and Control System for Common Operating
Picture........................................... 58,000,000
Cutter upgrades--C4ISR.............................. 7,100,000
Shore sites......................................... 22,100,000
Other contracts/legacy sustainment.................. 14,200,000
Logistics:
Integrated logistics support........................ 19,200,000
Facilities design required for future deployments... 5,500,000
Shore Facilities........................................ 20,700,000
Systems Engineering and Integration..................... 42,100,000
Government Program Management........................... 34,000,000
--------------------------------------------------------
____________________________________________________
Total, Integrated Deepwater Systems............... $668,200,000
CAPITAL INVESTMENT PLAN
Bill language is included to require the Coast Guard to
submit a five-year capital investment plan with initial
submission of the President's budget request, as proposed by
the House. The Senate bill contained no similar provision.
DISPOSAL OF REAL PROPERTY
Bill language is included to credit to the Acquisition,
Construction, and Improvements appropriation any proceeds from
the sale or lease of the Coast Guard's surplus real property
and to provide that such receipts are available for obligation
only for the Rescue 21 project until September 30, 2006, as
proposed by the House. The Senate bill contained similar
language, but made these funds available until expended.
ALTERATION OF BRIDGES
The conferees agree to provide $19,250,000 instead of
$19,500,000 as proposed by the House. The Senate funded
alteration of bridges under acquisition, construction, and
improvements. Within this total, the funds shall be allocated
as follows:
Fourteen Mile bridge in Mobile, Alabama................. $5,250,000
Burlington Northern Santa Fe bridge in Burlington, Iowa. 2,000,000
Canadian Pacific Railroad bridge in LaCrosse, Wisconsin. 1,000,000
Chelsea Street bridge in Chelsea, Massachusetts......... 2,250,000
Florida Avenue bridge in New Orleans, Louisiana......... 6,750,000
EJ&E; Railroad bridge in Morris, Illinois................ 1,000,000
John F. Limehouse bridge in Charleston, South Carolina.. 1,000,000
In addition the conferees include a proviso in the bill
that funds be available only to the extent that steel, iron and
manufactured products used in such projects are produced in the
United States with certain exceptions, as proposed by the
Senate. The House bill contained no similar provision.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
The conferees agree to provide $15,000,000 instead of
$22,000,000 as proposed by the House. The Senate provided
$15,000,000 under the Science and Technology Directorate for
Coast Guard's research, development, test, and evaluation
program.
The conferees are aware that the development of new
technologies is necessary if the Coast Guard is to keep pace
with its expanding mission. The conferees therefore direct the
Commandant to conduct an independent study on research and
development priorities, as outlined in the Senate bill under
the operating expenses account, and submit the findings of this
study to the Committees on Appropriations by June 1, 2004.
RETIRED PAY
The conferees agree to provide $1,020,000,000 as proposed
by both the Senate and the House.
United States Secret Service
SALARIES AND EXPENSES
The conferees agree to provide $1,137,280,000 instead of
$1,148,700,000 as proposed by the House and $1,114,737,000 as
proposed by the Senate. This includes $16,365,000 for White
House mail screening; $6,824,000 to annualize fiscal year 2003
pay base funding not captured in the fiscal year 2004 budget;
$6,475,000 to fully fund the 2003 pay raise; $3,336,000 to
fully annualize prior year staff increases; and $5,450,000 to
partially offset the costs of the fiscal year 2004 4.1 percent
pay adjustment. Funding also includes $2,100,000 for forensic
support to the National Center for Missing and Exploited
Children (NCMEC) as well as a $5,000,000 grant to NCMEC.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
The conferees agree to provide $3,579,000 as proposed by
the House and the Senate. Funds are available until expended.
The conferees include bill language under the Salaries and
Expenses Account, as proposed by the House, to permit the James
J. Rowley Training Center (JJRTC) to provide protective
training on a reimbursable basis. The conferees note that the
JJRTC is currently operating at full capacity simply to meet
training requirements of the Secret Service and is presently
unable to accommodate training outside students. The current
facilities would need to be expanded to permit increases in
training capacity. No additional funding for such expansion has
been requested or provided in this Act. The conferees include
bill language based on the expectation that it would only be
utilized in emergency situations, subject to prior notification
to the Committees on Appropriations.
TITLE III--PREPAREDNESS AND RECOVERY
Office for Domestic Preparedness
The conferees view state and local jurisdictions' ability
to detect, prevent and respond to a terrorist attack as a high
priority. State and local responders are first to arrive on
scene when a terrorist attack occurs and must be prepared to
protect life and property. This function is inherently non-
federal, although federal resources and expertise are needed to
manage the crisis, and provide support to state and local
assets when an attack overwhelms their resources. For purposes
of eligibility for funds under this heading, any county, city,
village, town, district, borough, port authority, transit
authority, water district, regional planning commission,
council of government, Indian tribe, authorized tribal
organization, Alaska Native village, or other political
subdivision of any state shall constitute a ``local unit of
government.''
STATE AND LOCAL PROGRAMS
The conferees agree to provide $3,287,000,000 instead of
$2,888,000,000 as proposed by the Senate and $3,513,000,000 as
proposed by the House for the Office for Domestic Preparedness
(ODP). Funding is available until September 30, 2004, as
proposed by the Senate, instead of until expended as proposed
by the House. None of these funds may be used for construction
or renovation of facilities.
State and local programs Amount
Formula-Based Grants.................................... $1,700,000,000
Law Enforcement Terrorism Prevention Grants............. 500,000,000
High-Threat, High-Density Urban Areas Grants............ 725,000,000
Citizen Corps........................................... 40,000,000
National Domestic Preparedness Consortium............... 135,000,000
Technical Assistance.................................... 30,000,000
National Exercise Program............................... 50,000,000
Competitive Training Grants............................. 60,000,000
Equipment and Testing................................... 17,000,000
Management and Administration........................... 30,000,000
--------------------------------------------------------
____________________________________________________
Total............................................. 3,287,000,000
FORMULA-BASED GRANTS
The conferees agree to provide $1,700,000,000, instead of
$1,900,000,000 as proposed by the House and $1,200,000,000 as
proposed by the Senate. These funds are available to all states
for purposes of training, procuring equipment (such as
interoperable communications equipment), and conducting
exercises, based on the state's approved, updated homeland
security strategies. The conferees expect that these funds will
be made available to states within 30 days after enactment of
this Act; that states will have 30 days to apply after the
grant is announced; and that ODP will act within 15 days of
receipt of an application or receipt of an updated state plan,
whichever is later. The conferees also agree that no less than
80 percent of these funds shall be obligated by the state to
local units of government within 60 days of the state receiving
funds.
The conferees are aware of the need for overtime funding
to backfill those first responders attending ODP certified
training classes. The conferees understand that ODP anticipates
continuing this overtime as an allowable expense of the
formula-based grant program. The conferees support this effort
with the understanding that only overtime directly related to
backfilling first responders attending ODP certified training
classes is eligible.
The Secretary may provide a waiver for the use of state
grant funds by a local jurisdiction to purchase aviation
equipment, where such equipment will be utilized primarily for
homeland security objectives and permissible programactivities
and provided that the local jurisdiction certifies that it has an
operating aviation unit and that the costs for operation and
maintenance of such equipment will be paid from non-grant funds.
LAW ENFORCEMENT TERRORISM PREVENTION GRANTS
The conferees agree to provide $500,000,000, as proposed
by the Senate, instead of $510,000,000 as proposed by the
House. These funds are made available to all states for
purposes as described in Senate Report 108-86. The conferees
expect that these funds will be made available to states within
30 days after enactment of this Act; that states will have 30
days to apply after the grant is announced; and that ODP will
act within 15 days of receipt of an application or receipt of
an updated state plan, whichever is later. The conferees also
agree that no less than 80 percent of these funds shall be
obligated by the state to local units of government within 60
days of the state receiving funds.
Law enforcement terrorism prevention activities that
involve compensation of overtime shall be limited to those
specifically related to homeland security, such as providing
expanded investigative and intelligence efforts. Funding may
not be used to supplant ongoing, routine public safety
activities of state and local law enforcement. State
applications must certify that all requests for overtime
funding comply with this requirement.
HIGH-THREAT, HIGH-DENSITY URBAN AREAS GRANTS
The conferees agree to provide $725,000,000, instead of
$500,000,000 as proposed by the House and $750,000,000 as
proposed by the Senate. The conferees do not agree to provide
$200,000,000 in a separate account for the protection of
critical infrastructure, as proposed by the House. These funds
are made available to the Secretary for discretionary grants to
high-threat, high-density urban areas. The Secretary shall take
into consideration credible threat, presence of critical
infrastructure, population, vulnerability, cooperation of
multiple jurisdictions in preparing domestic preparedness
plans, and the identified needs of public agencies when
determining the allocation of these funds. The conferees expect
that these funds will be obligated no later than 60 days after
enactment of this Act. The conferees also agree that no less
than 80 percent of these funds shall be obligated by the state
to local units of government within 60 days of the state
receiving funds. Grants may be made to single or multiple
jurisdictions in the same urban area.
The conferees are concerned with the limited information
provided to the Committees on Appropriations regarding the
manner in which the Department is distributing these grants.
The conferees direct the Department to fully brief the
Committees on Appropriations on the methodology for the
proposed distribution of the funds appropriated for these
grants before the distribution is announced.
CITIZEN CORPS GRANTS
The conferees agree to provide $40,000,000, instead of
$45,000,000 as proposed by the House and $50,000,000 as
proposed by the Senate.
NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM
The conferees agree to provide $135,000,000, instead of
$125,000,000 as proposed by the House and $140,000,000 as
proposed by the Senate. Of the funds provided, $55,000,000
shall be for the Center for Domestic Preparedness.
TECHNICAL ASSISTANCE
The conferees agree to provide $30,000,000 for direct
technical assistance to states, as proposed by the Senate,
instead of $67,000,000 as proposed by the House. The conferees
do not provide an additional technical assistance account as
proposed by the Senate for $10,000,000 and by the House for
$32,000,000 under Grant Administration and Planning.
NATIONAL EXERCISE PROGRAM
The conferees agree to provide $50,000,000, as proposed
by both the House and Senate. The conferees fully support the
Department's initiative to establish a performance-based
national exercise program that centers on the Top Officials
(TOPOFF) exercise series.
COMPETITIVE TRAINING GRANTS
The conferees agree to provide $60,000,000, instead of
$35,000,000 as proposed by the House under Centers for
Emergency Preparedness. The Senate proposed $28,000,000 for the
continuation of core training and $60,000,000 for emerging
training in separate accounts. The conferees expect ODP to
fully honor all current training commitments.
EQUIPMENT AND TESTING
The conferees agree to provide $17,000,000, instead of
$40,000,000 as proposed by the Senate. The House provided
$5,000,000 for equipment and $12,000,000 for testing in
separate accounts. The conferees agree that funding of
$15,000,000 for standards development be moved to Science and
Technology to consolidate department-wide research and
development efforts. The conferees further direct Science and
Technology to continue the program established by ODP in
coordination with the National Institute of Standards and
Technology (NIST), consistent with the fiscal year 2003 budget
directive and the 5-year plan for development with NIST.
MANAGEMENT AND ADMINISTRATION
The conferees agree to provide $30,000,000, as proposed
by the Senate. The House provided $21,000,000 for management
and administration and $11,000,000 for contractor support in
separate accounts. Of the funds provided, up to $11,000,000
shall be available for contractor support.
EMERGENCY MEDICAL SERVICES (EMS)
The conferees agree with the language in both House
Report 108-169 and Senate Report 108-86 regarding EMS
providers. Further, the conferees direct the Department to
submit the EMS grants report directed in Senate Report 108-86
no later than March 1, 2004.
BEST PRACTICES
The conferees request a report from the Department, no
later than January 15, 2004, detailing efforts to assess and
disseminate best practices to emergency responders. This report
shall address, at a minimum, efforts to coordinate and share
information with state and local officials and emergency
preparedness organizations, and steps the Department proposes
to improve the coordination and sharing of such information.
PREPAREDNESS GRANTS CONSOLIDATION
The conferees are disappointed in the inability of the
Department to provide a comprehensive plan on the ``one-stop
shop'' proposal. The conferees fully expect to receive this
plan as soon as it is available and direct ODP to submit all
legislative proposals required to achieve this initiative as
part of the fiscal year 2005 budget request.
FIREFIGHTER ASSISTANCE GRANTS
The conferees agree to provide $750,000,000, as proposed
by the Senate. The House proposed $760,000,000 under the
Emergency Preparedness and Response Directorate. Not to exceed
5 percent may be used for administrative expenses. Funds are
available until September 30, 2005.
The conferees agree to provide Firefighter Assistance
Grants as a separate appropriation within the Office for
Domestic Preparedness. The conferees agree that the Department
shall continue current administrative practices in a manner
identical to the current fiscal year, including a peer review
process of applications, granting funds directly to local fire
departments, and the inclusion of the United States Fire
Administration during grant administration.
The conferees believe that, when establishing priorities
for firefighting vehicles within this grant program, the
Department should take into consideration the unique
geographical needs of individual fire departments.
Counterterrorism Fund
The conferees agree to provide $10,000,000, instead of
$20,000,000 as proposed by the House and the Senate. Funds are
available until expended. The Secretary shall notify the
Committees on Appropriations 15 days prior to obligation of
these funds.
Emergency Preparedness and Response
OFFICE OF THE UNDER SECRETARY FOR EMERGENCY PREPAREDNESS AND RESPONSE
The conferees agree to provide $3,450,000, instead of
$3,615,000 as proposed by the Senate. The House provided
$3,293,000 for the Office of the Under Secretary in Title I,
under Departmental Operations.
PREPAREDNESS, MITIGATION, RESPONSE, AND RECOVERY
The conferees agree to provide $225,000,000, instead of
$363,339,000 as proposed by the House. The Senate provided
$163,000,000 for Preparedness, Mitigation, Response, and
Recovery under Operating Expenses. Funding is available until
September 30, 2004, as proposed by the House, instead of until
expended as proposed by the Senate. The conferees agree
toprovide an additional $2,000,000 to partially offset the costs of the
fiscal year 2004 4.1 percent pay adjustment.
The conferees do not provide $25,000,000 for an emergency
operations center competitive grant program, as proposed by the
House.
URBAN SEARCH AND RESCUE TEAMS
Of the funds provided for Preparedness, Mitigation,
Response, and Recovery, the conferees agree to provide
$60,000,000 for Urban Search and Rescue Teams, instead of
$64,587,000 as proposed by the Senate under Operating Expenses.
The House bill contained no similar provision. Not to exceed 3
percent may be used for administrative expenses, instead of 5
percent as proposed by the Senate.
WEB-BASED TECHNOLOGY
In concurring with language in House Report 108-169, the
conferees direct the Emergency Preparedness and Response
Directorate to continue the Disaster Management Initiative,
commonly referred to as DisasterHelp.gov. The conferees further
direct the Emergency Preparedness and Response Directorate to
collect the appropriate sums as necessary from the following
contributing agencies: the Department of Justice, the
Department of Commerce, the National Oceanic and Atmospheric
Administration, the U.S. Army, the Department of
Transportation, the Department of the Interior, the Department
of Health and Human Services, the Department of Agriculture,
and the Environmental Protection Agency.
ADMINISTRATIVE AND REGIONAL OPERATIONS
The conferees agree to provide $167,000,000, instead of
$168,589,000 as proposed by the House. The Senate provided
$165,214,000 for Administrative and Regional Operations under
Operating Expenses. Funding is available until September 30,
2004, as proposed by the House, instead of until expended as
proposed by the Senate. The conferees agree to provide an
additional $1,733,000 to partially offset the costs of the
fiscal year 2004 4.1 percent pay adjustment. Funding of not to
exceed $3,000 is provided for official reception and
representation expenses.
OPERATING EXPENSES
(RESCISSION OF FUNDS)
The conferees rescind $3,000,000 of the funds provided by
Public Law 108-11, as proposed by the Senate. The House bill
included no similar provision.
PUBLIC HEALTH PROGRAMS
The conferees agree to provide $484,000,000, as proposed
by the House. The Senate provided $434,000,000 under Operating
Expenses. Of the funds provided, $400,000,000 shall be
available for the Strategic National Stockpile, to remain
available until expended; $34,000,000 for the National Disaster
Medical System; and $50,000,000 for the Metropolitan Medical
Response System.
BIODEFENSE COUNTERMEASURES
The conferees agree to provide $5,593,000,000 for fiscal
years 2004 through 2013 as proposed by the House. Not to exceed
$890,000,000 is available for obligation in fiscal year 2004,
and not to exceed $3,418,000,000 is available for obligation in
fiscal years 2004-2008 as proposed by the House. The Senate
included no similar provision.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM
The conferees agree to retain the Radiological Emergency
Preparedness Program as a separate appropriation, as proposed
by the Senate. The House proposed the Radiological Emergency
Preparedness Program be funded under Preparedness, Mitigation,
Response, and Recovery.
DISASTER RELIEF
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to provide $1,800,000,000, as
proposed by the House, instead of $1,956,000,000 as proposed by
the Senate. Of the funds provided, not to exceed $22,000,000
shall be transferred to the Office of Inspector General. Funds
are available until expended. The conferees direct the
continuation of the Section 404 post-disaster hazard mitigation
grants program as part of a comprehensive mitigation strategy.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
The conferees agree to provide $560,000 for
administrative expenses, instead of $558,000 as proposed by the
House and $557,000 as proposed by the Senate. The conferees
agree to provide an additional $3,000 to partially offset the
costs of the fiscal year 2004 4.1 percent pay adjustment. Gross
obligations for the principal amount of direct loans shall not
exceed $25,000,000, as proposed by both the House and Senate.
NATIONAL PRE-DISASTER MITIGATION FUND
The conferees agree to provide $150,000,000, as proposed
by the Senate. The House proposed $180,000,000 for pre-disaster
mitigation underGrant Programs. Not to exceed 3 percent may be
used for administrative expenses. Funds are available until expended.
The conferees do not provide $250,000 to each state for planning
purposes, as proposed by the House.
FLOOD MAP MODERNIZATION FUND
The conferees agree to provide $200,000,000, as proposed
by both the House and the Senate. Not to exceed 3 percent may
be used for administrative expenses. Funds are available until
expended.
To correct a misprint on page 54 of House Report 108-169,
the conferees agree, in the first line of the first paragraph
after the heading ``Flood Mapping Projects'', to insert
``Perry,'' after ``of''.
NATIONAL FLOOD INSURANCE FUND
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to provide up to $32,663,000 for
salaries and expenses as proposed by the Senate, instead of
$32,761,000 as proposed by the House. The conferees further
agree to provide up to $77,809,000 for flood mitigation
activities and limitations of $55,000,000 for operating
expenses, $565,897,000 for agents' commissions and taxes, and
$40,000,000 for interest on Treasury borrowings as proposed by
both the House and the Senate.
NATIONAL FLOOD MITIGATION FUND
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to provide $20,000,000 by transfer
from the National Flood Insurance Fund, as proposed by the
Senate. The House proposed $20,000,000 for flood mitigation by
transfer under Grant Programs. Funds are available until
September 30, 2005.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS (EMPG)
The conferees agree to provide $180,000,000, instead of
$165,000,000 as proposed by the Senate. The House provided
$168,000,000 for EMPGs under Preparedness, Mitigation,
Response, and Recovery. Not to exceed 3 percent may be used for
administrative expenses. The conferees agree that EMPGs shall
remain in the Emergency Preparedness and Response Directorate
where the focus is an all-hazards approach to emergency
management. In addition, the conferees direct the continuation
of funding personnel expenses, as stated in both the House and
Senate reports.
EMERGENCY FOOD AND SHELTER
The conferees agree to provide $153,000,000, as proposed
by both the House and the Senate. Not to exceed 3.5 percent may
be used for administrative expenses. Funds are available until
expended.
CERRO GRANDE FIRE CLAIMS
The conferees agree to provide $38,062,000, as proposed
by the Senate. The House included no similar provision. Not to
exceed 5 percent may be used for administrative expenses. Funds
are available until expended. This funding will fully cover all
remaining Cerro Grande fire claims.
TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, ASSESSMENTS, AND SERVICES
Citizenship and Immigration Services
The conferees agree to provide $236,126,000 for the
Bureau of Citizenship and Immigration Services (BCIS), instead
of $248,500,000 as proposed by the House and $229,377,000 as
proposed by the Senate. This includes: $3,836,000 for physical
security and staffing; $5,600,000 to cover the costs of 2003
pay increases and unspecified administrative reductions; and
$1,125,500 to partially offset the costs of the fiscal year
2004 4.1 percent pay adjustment. The conferees do not provide
additional funding requested for information technology and for
a program evaluation unit, but strongly support establishment
of a program evaluation unit if funded through fee collections.
Within the funds provided, not to exceed $5,000 is provided for
official reception and representation expenses.
TAMPER-PROOF TRAVEL AND IDENTIFICATION DOCUMENTS
The conferees are concerned that certain documents issued
by the Department of Homeland Security and the State Department
represent a significant security risk, being vulnerable to
fraud, misuse, and counterfeiting to permit illegal entry into
the United States or false identification. These include travel
documents such as Refugee Travel Documents, Re-Entry Permits,
Seamen Booklets, and Advance Parole Documents, as well as old
identification cards issued to Mexican citizens. The conferees
are aware of efforts to improve security of such documents, but
believe that far more must be done.
The conferees direct the Department, in cooperation with
the Department of State, to: (1) develop and implement a plan
to replace old Mexican identification cards by September 30,
2004; and (2) initiate a pilot program to develop tamper-proof
documents. That program should take into account all relevant
current and planned International Civil Aviation Organization
standards, and incorporate security features such as biometrics
(including fingerprint and photograph templates) as well as
embedded contactless programmable chips. In addition, such a
program should be carried out in consultation with the Forensic
Development Laboratory of the Bureau of Immigration and Customs
Enforcement.
CONTRACT MANAGEMENT
The conferees are troubled by a July 2003 General
Accounting Office (GAO) report that outlined significant
contracting weakness within legacy INS agencies, including
functions transferred to BCIS. Among other problems, the GAO
found that agencies lacked basic infrastructure for contract
management and oversight, and documented a lack of procurement
coordination. The contract for records management services at
the regional support centers in California, Vermont, Texas, and
Nebraska is an example of a critical activity dependent on
competent oversight. The GAO recommended that the Department
undertake a number of significant steps to ensure adequate
oversight, management, and staffing for procurement, to include
use of cross-functional acquisition teams, procurement
performance measures, and upgrading procurement and financial
information systems. As the Department has agreed to proceed in
accordance with the GAO recommendations, the conferees direct
that the Department submit a report to the Committees on
Appropriations not later than April 1, 2004, on its specific
plans and timetable for implementing these recommendations.
OFFSETTING FEE COLLECTIONS
Current estimates of examination fee collections, which
constitute the majority of BCIS offsetting resources, are
$1,564,000,000. These support the adjudication of applications
for immigration benefits and would be derived from fees
collected from persons applying for immigration benefits.
Operations areheavily dependent on a variety of fees to offset
operations, particularly the Immigration Examination Fee. The
fluctuation of these fees can adversely affect operations if allowances
are not made for prioritizing spending. The conferees direct BCIS to
ensure that it fully funds current, ongoing base operations that are
fee-supported before undertaking new initiatives. The conferees also
agree to correct page 57 of House Report 108-169 to delete the
reference to the Microfilm Rescue Project.
The following table displays how the conferees expect
these fees will be applied:
Citizenship and Immigration Services, Offsetting
Collections:
Backlog Elimination Initiative...................... $20,000,000
Telephone Customer Service Center Operations........ 43,000,000
Digitization Projects............................... 20,400,000
Other Immigration Staffing and Operations........... 1,480,600,000
--------------------------------------------------------
____________________________________________________
Total, Citizenship and Immigration Services,
Offsetting Collections............................ 1,564,000,000
Federal Law Enforcement Training Center
SALARIES AND EXPENSES
The conferees agree to provide $155,423,000, instead of
$136,629,000 as proposed by the House and $172,736,000 as
proposed by the Senate. The additional $33,044,000 provided
above the budget request is to be used for expenses related to
the anticipated growth in student weeks of basic training
($32,120,000), including retention of 130 instructors first
provided in fiscal year 2003, and to offset a portion of the
costs of the fiscal year 2004 4.1 percent pay parity
($924,000). Within this total, $36,174,000 is for materials and
support and not to exceed $12,000 may be used for official
reception and representation expenses. The conferees also
include bill language authorizing reimbursement for the use of
personal cellular phones for official duties, as proposed by
the House. Funds in this account are available until September
30, 2005, as proposed by the Senate, instead of September 30,
2006, as proposed by the House.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
The conferees agree to provide $37,357,000, instead of
$32,323,000 as proposed by the House and $28,708,000 as
proposed by the Senate. Funds above the budget request
(+$13,678,000) are for priorities at the Center's facilities in
Cheltenham, Maryland, and Artesia, New Mexico. The conference
agreement includes bill language that authorizes the Center to
accept reimbursements from government agencies requesting
construction of special use facilities operated by the Federal
Law Enforcement Training Center, as proposed by the House. The
Senate bill contained no similar provision.
Information Analysis and Infrastructure Protection
MANAGEMENT AND ADMINISTRATION
The conferees agree to provide $125,000,000 for
management and administration. The Senate proposed $10,460,000
for the Office of the Under Secretary for Information Analysis
and Infrastructure Protection (IAIP) and the House proposed
this funding under Title I. The funding recommendation includes
$4,800,000 for the Office of the Under Secretary; $100,200,000
for other salaries and expenses for federal employees in the
IAIP directorate; and $20,000,000 for the Department's command
center. The House and Senate provided funding for the command
center in two separate accounts, as requested. The conference
agreement consolidates this funding within the IAIP management
and administration program. Within the funds provided for the
Office of the Under Secretary, travel expenses may not exceed
$231,000.
The conferees want to ensure that personnel requirements
for critical intelligence positions are met and direct the
Department to submit a report byDecember 15, 2003, on plans to
meet the personnel requirements of the IAIP directorate, improve
communications and disseminate information between the directorate and
the intelligence community, and improve coordination between the
directorate and state and local public safety entities. This report
should include the specific manpower details requested in the House
report.
ASSESSMENTS AND EVALUATIONS
The conferees agree to provide $714,300,000 for
assessments and evaluations instead of $776,000,000 as proposed
by the House and $823,700,000 as proposed by the Senate. All
funding for federal salaries and expenses has been moved from
the individual programs, as proposed by the House, and is
provided in the management and administration account. Funds in
this account are available until September 30, 2005.
THREAT DETERMINATION AND ASSESSMENT
The conferees agree to provide $28,400,000 as proposed by
the House.
INFORMATION AND WARNING ADVISORIES
The conferees agree to provide $52,300,000, of which
$32,800,000 is for cybersecurity, as proposed by the Senate.
The conference agreement includes the use of $10,000,000
within information and warning advisories funding to better
develop a national alert system to notify the general public in
the event of a terrorist attack. Redundancy in the
dissemination of warnings is essential. The conferees are aware
of the capabilities of the National Oceanic and Atmospheric
Administration (NOAA) nationwide radio network and direct the
Under Secretary to report to the Committees on Appropriations
by December 15, 2003, on the immediate use of the NOAA radio
network as a key component of the warning systems, measures to
expand consumer access to the warning systems, and efforts to
educate and inform the public about the existence of this
warning system.
The Under Secretary should consult with the Chairman of
the Federal Communications Commission to develop the best way
to communicate with the general public during threat alerts by
using a full range of communication devices, such as wireline
and cellular telephones, e-mail and instant messaging systems,
radio and television broadcasts, and personal digital
assistants. To the extent possible, the Department should
incorporate existing federal, state, and local alert systems
and consult with state and local public safety and emergency
preparedness agencies.
The conferees direct the Under Secretary to report to the
Committees on Appropriations by December 15, 2003, on proposed
improvements to the Homeland Security Advisory System including
an assessment of how the system is fulfilling its intended
missions, and an evaluation of progress being made to tailor
the system so that alerts are raised on a regional rather than
national basis.
INFRASTRUCTURE VULNERABILITY AND RISK ASSESSMENT
The conferees agree to provide $84,200,000 as proposed by
the House.
REMEDIATION AND PROTECTIVE ACTIONS
The conferees agree to provide $345,100,000. Funding of
$3,900,000 is provided for the critical infrastructure
information management office to establish a program to enable
and manage the sharing of critical infrastructure information
among federal, state, local, and private sector homeland
security officials. The office is to develop and deploy
information management tools and techniques to provide quick,
complete access to information relevant to the protection of
physical and cyber critical infrastructure.
The conference agreement provides $172,700,000 for
vulnerability field assessments. In scheduling and performing
vulnerability assessments of criticalinfrastructure and key
assets, the conferees expect the Department to ensure that public
assembly facilities are also addressed.
Funding of $65,700,000 is provided for cybersecurity, as
proposed by the Senate, and $8,000,000 is provided for
protection standards and performance metrics.
The conferees are aware that the Department of Energy and
the Nuclear Regulatory Commission are reviewing and analyzing
the safety and security of spent nuclear fuel storage at
commercial nuclear power plants. The Under Secretary is
directed to perform an independent review and analyses of this
information as it becomes available.
NATIONAL COMMUNICATIONS SYSTEM
The conferees agree to provide $141,000,000 as proposed
by the House.
ADMINISTRATION AND OUTREACH
For administration and outreach programs, the conferees
agree to provide $18,900,000 for competitive analysis and
evaluation, $3,500,000 for national plans and strategies, and
$40,900,000 for outreach and partnerships, as proposed by the
House.
CONFERENCE FUNDING LEVELS
Program Amount
Threat determination and assessment..................... $28,400,000
Information and warning advisories...................... 52,300,000
Infrastructure vulnerability and risk assessment........ 84,200,000
Remediation and protective actions...................... 345,100,000
National communications system.......................... 141,000,000
Competitive analysis and evaluation..................... 18,900,000
National plans and strategies........................... 3,500,000
Outreach and partnerships............................... 40,900,000
--------------------------------------------------------
____________________________________________________
Total, Assessments and Evaluations................ 714,300,000
Science and Technology
MANAGEMENT AND ADMINISTRATION
The conferees agree to provide $44,168,000 for management
and administration instead of $5,400,000 as proposed by the
Senate solely for the Office of the Under Secretary for Science
and Technology. The House provided funding for this office
under title I. The funding recommendation includes $5,168,000
for the immediate Office of the Under Secretary and $39,000,000
for other salaries and expenses for federal employees in the
Science and Technology directorate. Within the funds provided
for the Office of the Under Secretary, travel expenses may not
exceed $250,000.
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
The conferees agree to provide $874,000,000 for research,
development, acquisition, and operations instead of
$900,360,000 as proposed by the House and $866,000,000 as
proposed by the Senate. The recommendation includes the use of
$68,000,000 of prior year unobligated funds that will remain
available for use in fiscal year 2004. All funding for federal
salaries and expenses has been moved from the individual
programs, as proposed by the House, and is provided in the
management and administration account. Funds in this account
are available until expended, as proposed by the Senate.
The conferees are concerned that research and development
is being conducted independently by each of the Department's
legacy components leading to duplicative research activities,
wasted funds, and lack of appropriate management oversight. The
Department is directed to consolidate all Departmental research
and development funding within the science and technology
programs in the fiscal year 2005 budget request.
BIOLOGICAL COUNTERMEASURES
The conference agreement includes $198,500,000 and the
use of $68,000,000 of prior year unobligated funds that will
remain available for use in fiscal year 2004. This funding
level supports the budget request for the individual programs
within biological countermeasures with the following
exceptions: $18,500,000 is transferred to management and
administration for federal salaries and expenses; an additional
$15,000,000 is provided for the urban monitoring program;
signatures and bioassays is reduced by $5,000,000; and
$88,000,000 for construction of the National Biodefense
Analysis and Countermeasures Center is funded as a separate
program.
NUCLEAR AND RADIOLOGICAL COUNTERMEASURES
The conference agreement includes $127,000,000. This
supports the budget request with the following exceptions:
$7,000,000 is transferred to management and administration for
federal salaries and expenses, and sensor research and
development is reduced by $3,000,000.
CHEMICAL AND HIGH EXPLOSIVES COUNTERMEASURES
The conference agreement includes $52,000,000 for
chemical countermeasures and $9,500,000 for high explosives
countermeasures, as proposed by the House.
THREAT AND VULNERABILITY, TESTING AND ASSESSMENT
The conference agreement includes $93,500,000. This
supports the budget request with the following exceptions:
$4,500,000 is transferred to management and administration for
federal salaries and expenses; cybersecurity is increased by
$11,000,000; and the remaining programs are reduced by a total
of $3,000,000.
CONVENTIONAL MISSIONS IN SUPPORT OF DHS
The conference agreement includes $34,000,000, allocated
as follows: $25,000,000 for border and transportation security;
$2,000,000 for the Secret Service; and $10,000,000 for
emergency preparedness and response. Funding of $3,000,000 is
transferred to management and administration for federal
salaries and expenses.
RAPID PROTOTYPING PROGRAM/TECHNICAL SUPPORT WORKING GROUP
The conference agreement includes $75,000,000, an
increase of $45,000,000 over the budget request of $30,000,000.
The conferees encourage Science and Technology to evaluate
information sharing proposals between the law enforcement and
intelligence communities.
STANDARDS/STATE AND LOCAL PROGRAM
The conference agreement includes $39,000,000, as
proposed by the House, which transfers $15,000,000 for
development of standards from the Office for Domestic
Preparedness (ODP). The conferees expect all standards
development in the Department to be done by Science and
Technology. Working with the public and private sectors,
Science and Technology will develop a network of security
certification laboratories to provide a consistent level of
assurance in the effectiveness of homeland security
technologies, systems, and equipment, and allow state and local
governments to make better informed decisions on equipment
needs. The conferees direct Science and Technology to continue
the standards program established by ODP in coordination with
the National Institute of Standards and Technology (NIST),
consistent with the fiscal year 2003 budget directive and the
5-year plan for development with NIST.
The conferees support House language regarding search and
rescue robotics certification and expect the Department to
develop standards and criteria for search and robotics
certification.
In preparing the report requested by the House on
narrowbanding, Science and Technology is directed to consult
with the Department of Commerce, the National
Telecommunications and Information Administration, the
Department of Justice, the Department of Treasury, and major
organizations that support state and local public safety
agencies.
The conferees support incorporation by SAFECOM of Project
25 technical standards where applicable, and encourage
continued involvement of the user community in development and
implementation of standards such as those being developed by
Project 25 which allow for backward compatibility with existing
digital and analog systems and provide for interoperability in
future systems.
EMERGING THREATS
The conferees agree to provide $21,000,000 as proposed by
the House.
CRITICAL INFRASTRUCTURE PROTECTION
The conferees agree to provide $66,500,000, of which
$60,000,000 is provided for research, development, testing, and
evaluation of an anti-missile device for commercial aircraft.
Funding of $500,000 is transferred to management and
administration for federal salaries and expenses.
UNIVERSITY PROGRAM/HOMELAND SECURITY FELLOWSHIP PROGRAMS
The conferees agree to provide $70,000,000, an increase
of $60,000,000 over the budget request of $10,000,000, to
establish a university-based system to enhance the nation's
homeland security efforts. The conferees encourage the
Department to consider all colleges and universities that meet
the requirements of 6 U.S.C. 188 in the selection of
university-based centers, including historically black colleges
and universities, tribal colleges, Hispanic-serving
institutions, and Alaskan Native-serving institutions.
NATIONAL BIODEFENSE ANALYSIS AND COUNTERMEASURES CENTER
The conferees agree to provide $88,000,000 to initiate
construction of a National Biodefense Analysis and
Countermeasures Center that is to be the principal Department
of Homeland Security component of the Fort Detrick Interagency
Biodefense Campus in Maryland.
CONFERENCE FUNDING LEVELS
Program Amount
Biological countermeasures.............................. $198,500,000
Nuclear and radiological countermeasures................ 127,000,000
Chemical countermeasures................................ 52,000,000
High explosives countermeasures......................... 9,500,000
Threat and vulnerability, testing and assessment........ 93,500,000
Conventional missions in support of DHS................. 34,000,000
Rapid prototyping/Technical support working group....... 75,000,000
Standards/State and local program....................... 39,000,000
Emerging threats........................................ 21,000,000
Critical infrastructure protection...................... 66,500,000
University programs/homeland security fellowships....... 70,000,000
National Biodefense Analysis and Countermeasures Center. 88,000,000
--------------------------------------------------------
____________________________________________________
Total, Assessments and Evaluations................ 874,000,000
TITLE V--GENERAL PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
Section 501. The conferees agree to a provision that no
part of any appropriation shall remain available for obligation
beyond the current year unless expressly provided.
Section 502. The conferees agree to a provision that
unexpended balances of prior appropriations may be merged with
new appropriation accounts and used for the same purpose,
subject to reprogramming guidelines.
Section 503. The conferees agree to a provision that
provides reprogramming authority for funds within an account
and not to exceed 5 percent transfer authority between
appropriation accounts with the requirement for a 15-day
advance Congressional notification. A detailed funding table
identifying each Congressional control level for reprogramming
purposes is included at the end of the statement of the
managers. These reprogramming guidelines shall be complied with
by all agencies funded by the Department of Homeland Security
Appropriations Act, 2004.
The conferees expect the Department to submit
reprogramming requests on a timely basis and not wait until the
end of the fiscal year in an attempt to use funds that would
otherwise expire. Any reprogramming that is submitted within 45
days of the end of the fiscal year must be due to exceptional
or emergency circumstances. Additionally, the conferees are
concerned that reprogramming requests submitted to date by the
Department have not been sufficiently documented.
Justifications have been incomplete and explanations of funding
offsets have been inadequate requiring time consuming follow-up
questions and briefings. The conferees expect the Department to
review its internal reprogramming process to correct these
deficiencies in fiscal year 2004.
Section 504. The conferees agree to a provision that not
to exceed 50 percent of unobligated balances remaining at the
end of fiscal year 2004 from appropriations made for salaries
and expenses shall remain available through fiscal year 2005
subject to reprogramming guidelines.
Section 505. The conferees agree to a provision that
allows the use of funds for: purchase of uniforms without
regard to the general purchase price limitation, purchase of
insurance for official vehicles in foreign countries, entering
into contracts with the State Department for furnishing health
and medical services to employees serving in foreign countries,
hire and purchase of motor vehicles, and purchase of police-
type passenger vehicles without regard to the general purchase
price limitation, and make this provision permanent.
Section 506. The conferees agree to a provision that
converts the Federal Emergency Management Agency ``Working
Capital Fund'' to the ``Department of Homeland Security Working
Capital Fund''.
Section 507. The conferees agree to a provision that
converts the Federal Emergency Management Agency ``Bequests and
Gifts'' account to the ``Department of Homeland Security, Gifts
and Donations'' account.
Section 508. The conferees agree to a provision that
provides that funds for intelligence activities are deemed to
be specifically authorized during fiscal year 2004 until the
enactment of an Act authorizing intelligence activities for
fiscal year 2004.
Section 509. The conferees agree to a provision that
directs the Federal Law Enforcement Training Center to
establish an accrediting body to establish standards for
assessing federal law enforcement training programs,
facilities, and instructors.
Section 510. The conferees agree to a provision that
requires notification of the Committees on Appropriations 3
days before any grant allocation, discretionary grant award, or
letter of intent totaling $1,000,000 or more is announced by
the Department.
Section 511. The conferees agree to a provision that no
agency shall purchase, construct, or lease additional
facilities for federal law enforcement training without advance
approval of the Committees on Appropriations.
Section 512. The conferees agree to a provision that
requires the Director of the Federal Law Enforcement Training
Center to ensure that all training facilities are operated at
optimal capacity throughout the fiscal year.
Section 513. The conferees agree to a provision that none
of the funds may be used to produce customs declarations that
do not inquire whether a passenger has been in proximity to
livestock, and make this provision permanent.
Section 514. The conferees agree to a provision that none
of the funds may be used for any activity or to pay the salary
of any government employee if that would result in a
determination, regulation, or policy that would prohibit
enforcement of section 307 of the Tariff Act of 1930, and make
this provision permanent.
Section 515. The conferees agree to a provision that none
of the funds may be used to import goods that have been
produced by forced or indentured child labor, and make this
provision permanent.
Section 516. The conferees agree to a provision that none
of the funds may be used for any construction, repair,
alteration, and acquisition project for which a prospectus, if
required by the Public Buildings Act of 1959, has not been
approved.
Section 517. The conferees agree to a provision that none
of the funds may be used to require airport sponsors to provide
building modifications, utilities and expenses, or space to the
Transportation Security Administration without cost for
services related to aviation security.
Section 518. The conferees agree to a provision that none
of the funds may be used in contravention of the Buy American
Act.
Section 519. The conferees modify a provision related to
the Computer Assisted Passenger Prescreening System (CAPPS II).
The provision prohibits the use of funds for deployment or
implementation of CAPPS II until certain conditions are met.
Section 520. The conferees agree to a provision that the
Secretary of Homeland Security shall charge reasonable fees for
providing credentialing and background investigations for
transportation purposes, and may credit the fees to the
appropriation available for that purpose, and make this
provision permanent.
Section 521. The conferees modify a provision regarding
the inspection of air cargo.
PROVISIONS NOT ADOPTED
The conference agreement deletes section 604 of the
Senate bill providing that no Departmental employee may be
detailed to another component without compensation. This
requirement is addressed in the statement of managers.
The conference agreement deletes section 606 of the
Senate bill providing a single official reception and
representation expenses account. These funds have been provided
in separate accounts.
The conference agreement deletes section 616 of the
Senate bill requiring a report on countermeasures against
shoulder-fired missile systems. This requirement is addressed
in the statement of managers.
The conference agreement deletes section 617 of the
Senate bill requiring a report on security costs incurred by
state and local law enforcement offices for visits by foreign
and domestic officials.
The conference agreement deletes section 619 of the
Senate bill requiring a report on the Homeland Security
Advisory System. This requirement is addressed in the statement
of managers.
The conference agreement deletes section 620 of the
Senate bill expressing the sense of the Senate that tourist
populations should be factored into grant allocations.
The conference agreement deletes section 621 of the
Senate bill requesting a review of damage claims from the
University of North Dakota.
The conference agreement deletes section 622 of the
Senate bill requiring a report on state and local law
enforcement access to the ``Tipoff'' database.
The conference agreement deletes section 623 of the
Senate bill requiring a report on information technology
infrastructure. This requirement is addressed in the statement
of managers.
The conference agreement deletes section 624 of the
Senate bill prohibiting use of funds for companies that
incorporate overseas.
The conference agreement deletes section 625 of the
Senate bill requiring the department to ensure active minority
institution participation in the university research program.
This requirement is addressed in the statement of managers.
The conference agreement deletes section 626 of the
Senate bill requiring a report on enhancing operations of the
Information Analysis and Infrastructure Protection program.
This requirement is addressed in the statement of managers.
The conference agreement deletes section 627 of the
Senate bill requiring a report on all data-mining programs.
The conference agreement deletes section 628 of the
Senate bill directing the Secretary to consider unique
geographical needs when establishing priorities for
firefighting vehicles. This requirement is addressed in the
statement of managers.
The conference agreement deletes section 629 of the
Senate bill requiring a report on the status of air traffic
control communications. This requirement is addressed in the
statement of managers.
Conference Recommendations
The conference agreement's detailed funding
recommendations for programs in this bill are contained in the
following table:
Harold Rogers,
C. W. Bill Young,
Frank R. Wolf,
Zach Wamp,
Tom Latham,
Jo Ann Emerson,
Kay Granger,
John E. Sweeney,
Don Sherwood,
Martin Olav Sabo,
David E. Price,
Jose E. Serrano,
Lucille Roybal-Allard,
Marion Berry,
Alan B. Mollohan,
Managers on the Part of the House.
Thad Cochran,
Ted Stevens,
Arlen Specter,
Pete V. Domenici,
Mitch McConnell,
Richard C. Shelby,
Judd Gregg,
Ben Nighthorse Campbell,
Larry Craig,
Robert C. Byrd,
Daniel K. Inouye,
Ernest F. Hollings,
Patrick J. Leahy,
Tom Harkin,
Barbara A. Mikulski,
Herb Kohl,
Patty Murray,
Managers on the Part of the Senate.